United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 931 1974 88
1 UNITED STATES
STATUTES AT LARGE

CONTAINING THE

LAWS AND CONCURRENT RESOLUTIONS

ENACTED DURING THE SECOND SESSION OF THE

NINETY-THIRD CONGRESS

OF THE UNITED STATES OF AMERICA

1974

AND

PROCLAMATIONS

Volume 88

IN TWO PARTS

PART 1

PUBLIC LAWS 93–246 THROUGH 93–446

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1976

PUBLISHED BY AUTHORITY OF LAW UNDER THE DIRECTION OF THE ADMINISTRATOR OF GENERAL SERVICES BY THE OFFICE OF THE FEDERAL REGISTER, NATIONAL ARCHIVES AND RECORDS SERVICE

For sale by the

Superintendent of Documents

U.S. Government Printing Office, Washington, D.C. 20402

Price $21.00 (Buckram)

Stock No. 022–002–00047–3

 iii CONTENTS Page List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxxv List of Private Laws xxxvii List of Concurrent Resolutions xli List of Proclamations xliii Public Laws (93–246 Through 93–446) 3 Subject Index C1 Individual Index D1 List of Bills Enacted Into Public Law v List of Public Laws ix List of Bills Enacted Into Private Law xxxv List of Private Laws xxxvii List of Concurrent Resolutions xli List of Proclamations xliii Public Laws (93–447 Through 93–649) 1363 Private Laws 2365 Concurrent Resolutions 2397 Proclamations 2437 Guide to Legislative History of Public Laws. A2 Table of Laws Affected in Volume 88 B1 Subject Index C1 Individual Index D1 v LIST OF BILLS ENACTED INTO PUBLIC LAW THE NINETY-THIRD CONGRESS OF THE UNITED STATES SECOND SESSION, 1974 Bill No. Public Law No. H.R. 2 93–406 H.R. 29 93–349 H.R. 69 93–380 H.R. 342 93–515 H.R. 377 93–364 H.R. 421 93–625 H.R. 510 93–648 H.R. 1355 93–546 H.R. 1817 93–309 H.R. 1820 93–593 H.R. 3418 93–290 H.R. 3620 93–402 H.R. 4861 93–444 H.R. 5035 93–286 H.R. 5056 93–545 H.R. 5236 93–258 H.R. 5264 93–594 H.R. 5450 93–254 H.R. 5463 93–595 H.R. 5507 93–432 H.R. 5525 93–285 H.R. 5621 93–292 H.R. 5641 93–453 H.R. 5773 93–626 H.R. 6186 93–268 H.R. 6274 93–539 H.R. 6395 93–429 H.R. 6485 93–^411 H.R. 6541 93–297 H.R. 6542 93–299 H.R. 6574 93–289 H.R. 6642 93–490 H.R. 6925 93–540 H.R. 7072 93–534 H.R. 7077 93–555 H.R. 7130 93–344 H.R. 7135 93–455 H.R. 7218 93–388 H.R. 7599 93–596 H.R. 7724 93–348 H.R. 7730 93–530 H.R. 7780 93–499 H.R. 7824 93–355 H.R. 7954 93–456 H.R. 7978 93–560 H.R. 8101 93–280 H.R. 8214 93–597 H.R. 8215 93–310 H.R. 8217 93–368 H.R. 8245 93–253 H.R. 8352 93–535 H.R. 8586 93–330 H.R. 8591 93–598 H.R. 8660 93–340 H.R. 8747 93–334 H.R. 8864 93–551 H.R. 8958 93–599 H.R. 8977 93–341 H.R. 8981 93–600 H.R. 9054 93–157 H.R. 9075 93–462 H.R. 9199 93–601 H.R. 9256 93–246 H.R. 9281 93–350 H.R. 9293 93–283 H.R. 9440 93–363 H.R. 9456 93–422 H.R. 9492 93–279 H.R. 9800 93–336 H.R. 10044 93–396 H.R. 10088 93–440 H.R. 10203 93–251 H.R. 10212 93–602 H.R. 10284 93–301 H.R. 10309 93–370 H.R. 10337 93–531 H.R. 10701 93–627 H.R. 10710 93–618 H.R. 10834 93–544 H.R. 10942 93–300 H.R. 10972 93–313 H.R. 11013 93–550 H.R. 11105 93–351 H.R. 11108 93–389 H.R. 11143 93–358 H.R. 11144 93–628 H.R. 11221 93–495 H.R. 11223 93–306 H.R. 11251 93–482 H.R. 11273 93–629 H.R. 11295 93–362 H.R. 11385 93–353 H.R. 11452 93–480 H.R. 11510 93–438 H.R. 11537 93–452 H.R. 11546 93–439 H.R. 11559 93–435 H.R. 11793 93–275 H.R. 11796 93–630 H.R. 11802 93–631 H.R. 11830 93–170 H.R. 11864 93–409 H.R. 12000 93–428 H.R. 12035 93–483 H.R. 12044 93–603 H.R. 12109 93–272 H.R. 12113 93–604 H.R. 12165 93–320 H.R. 12253 93–269 H.R. 12281 93–497 H.R. 12341 93–264 H.R. 12412 93–333 H.R. 12427 93–605 H.R. 12465 93–263 H.R. 12466 93–312 H.R. 12471 93–502 H.R. 12565 93–307 H.R. 12628 93–508 H.R. 12670 93–294 H.R. 12799 93–332 H.R. 12832 93–379 H.R. 12860 93–649 H.R. 12884 93–632 H.R. 12920 93–302 H.R. 12925 93–308 H.R. 13022 93–606 H.R. 13025 93–256 H.R. 13113 93–463 H.R. 13157 93–486 H.R. 13221 93–342 H.R. 13261 9.3–460 H.R. 13264 93–369 H.R. 13267 93–421 H.R. 13542 93–271 H.R. 13561 93–187 H.R. 13595 93–430 H.R. 13631 93–484 H.R. 13839 93–315 H.R. 13871 93–416 H.R. 13998 93–316 H.R. 13999 93–413 H.R. 14012 93–371 H.R. 14013 93–305 H.R. 14217 93–477 H.R. 14291 93–339 H.R. 14349 93–547 H.R. 14354 93–326 H.R. 14368 93–319 H.R. 14401 93–571 H.R. 14402 93–397 H.R. 14434 93–322 H.R. 14449 93–644 H.R. 14592 93–365 H.R. 14597 93–468 H.R. 14600 93–607 H.R. 14689 93–645 H.R. 14718 93–608 H.R. 14832 93–325 H.R. 14833 93–329vi H.R. 14883 93–423 H.R. 14920 93–410 H.R. 15067 93–549 H.R. 15074 93–376 H.R. 15124 93–335 H.R. 15148 93–469 H.R. 15155 93–393 H.R. 15172 93–417 H.R. 15173 93–609 H.R. 15205 93–403 H.R. 15223 93–633 H.R. 15229 93–610 H.R. 15296 93–343 H.R. 15301 93–445 H.R. 15322 93–634 H.R. 15404 93–433 H.R. 15405 93–391 H.R. 15406 93–419 H.R. 15427 93–496 H.R. 15461 93–361 H.R. 15540 93–472 H.R. 15544 93–381 H.R. 15572 93–414 H.R. 15580 93–517 H.R. 15581 93–405 H.R. 15643 93–471 H.R. 15736 93–493 H.R. 15791 93–395 H.R. 15818 93–536 H.R. 15842 93–407 H.R. 15912 93–569 H.R. 15936 93–394 H.R. 15977 93–646 H.R. 16006 93–548 H.R. 16027 93–404 H.R. 16032 93–441 H.R. 16045 93–611 H.R. 16102 93–434 H.R. 16136 93–552 H.R. 16215 93–612 H.R. 16243 93–437 H.R. 16424 93–556 H.R. 16596 93–567 H.R. 16609 93–576 H.R. 16757 93–511 H.R. 16857 93–464 H.R. 16900 93–554 H.R. 16901 93–563 H.R. 16925 93–635 H.R. 17010 93–613 H.R. 17026 93–532 H.R. 17027 93–478 H.R. 17045 93–647 H.R. 17434 93–509 H.R. 17450 93–614 H.R. 17468 93–636 H.R. 17503 93–516 H.R. 17505 93–529 H.R. 17558 93–615 H.R. 17597 93–572 H.R. 17628 93–616 H.R. 17655 93–617 H.J. Res. 444 93–522 H.J. Res. 898 93–442 H.J. Res. 905 93–252 H.J. Res. 910 93–424 H.J. Res. 941 93–261 H.J. Res. 1056 93–323 H.J. Res. 1057 93–327 H.J. Res. 1061 93–321 H.J. Res. 1062 93–324 H.J. Res. 1070 93–418 H.J. Res. 1104 93–372 H.J. Res. 1105 93–382 H.J. Res. 1167 93–448 H.J. Res. 1178 93–570 H.J. Res. 1180 93–624 S. 37 93–250 S. 39 93–366 S. 194 93–566 S. 210 93–431 S. 283 93–451 S. 355 93–492 S. 356 93–637 S. 386 93–503 S. 411 93–328 S. 433 93–523 S. 514 93–291 S. 521 93–582 S. 544 93–583 S. 605 93–466 S. 628 93–474 S. 634 93–458 S. 663 93–584 S. 754 93–619 S. 775 93–296 S. 782 93–528 S. 821 93–415 S. 939 93–562 S. 969 93–265 S. 1017 93–638 S. 1064 93–512 S. 1070 93–248 S. 1083 93–639 S. 1115 93–281 S. 1125 93–282 S. 1191 9.3–247 S. 1227 9.3–507 S. 1283 93–577 S. 1296 93–620 S. 1341 93–262 S. 1353 93–524 S. 1411 93–491 S. 1412 93–489 S. 1418 93–585 S. 1479 93–506 S. 1561 93–521 S. 1585 93–318 S. 1647 93–278 S. 1745 93–270 S. 1752 93–311 S. 1769 93–498 S. 1794 93–459 S. 1803 93–359 S. 1836 93–266 S. 1866 93–273 S. 1871 93–408 S. 2001 93–447 S. 2125 93–574 S. 2137 93–345 S. 2149 93–586 S. 2174 93–260 S. 2193 93–537 S. 2220 93–461 S. 2296 93–378 S. 2299 93–510 S. 2315 93–255 S. 2343 93–543 S. 2348 93–465 S. 2362 93–467 S. 2363 93–538 S. 2441 93–267 S. 2457 93–505 S. 2509 93–284 S. 2510 93–100 S. 2662 93–304 S. 2665 93–373 S. 2747 93–259 S. 2770 93–274 S. 2771 93–277 S. 2807 93–587 S. 2830 93–354 S. 2835 93–298 S. 2840 93–479 S. 2844 93–303 S. 2854 93–640 S. 2888 93–588 S. 2893 93–352 S. 2957 93–390 S. 2994 93–641 S. 3007 93–194 S. 3022 93–621 S. 3044 93–443 S. 3052 93–120 S. 3062 93–288 S. 3066 93–383 S. 3072 93–295 S. 3164 93–533 S. 3190 9.3–392 S. 3191 93–558 S. 3202 93–518 S. 3203 93–360 S. 3204 93–504 S. 3228 93–257 S. 3234 93–173 S. 3270 93–426 S. 3289 93–589 S. 3292 93–276 S. 3301 93–427 S. 3304 93–287 S. 3308 93–519 S. 3311 93–356 S. 3320 93–436 S. 3331 93–386 S. 3355 93–481 S. 3358 93–590 S. 3359 93–591 S. 3362 93–454 S. 3373 93–314 S. 3394 93–559 S. 3398 93–293 S. 3418 93–579 S. 3433 93–622 S. 3458 93–347 S. 3473 93–475 S. 3477 93–375 S. 3481 93–623 S. 3489 93–564 S. 3490 93–338 S. 3518 93–565 S. 3546 93–520 S. 3548 93–642 S. 3574 93–578 S. 3615 93–575 S. 3669 93–377 S. 3679 93–357 S. 3698 93–485 S. 3703 93–112 S. 3705 93–337 S. 3782 93–385vii S. 3792 93–500 S. 3802 93–514 S. 3838 93–501 S. 3906 93–525 S. 3919 93–387 S. 3934 93–643 S. 3976 93–573 S. 3979 93–449 S. 4013 93–557 S. 4016 93–526 S. 4040 93–527 S. 4073 93–592 S.J. Res. 40 93–568 S.J. Res. 66 93–384 S.J. Res. 123 93–446 S.J. Res. 133 93–580 S.J. Res. 185 93–249 S.J. Res. 202 93–346 S.J. Res. 206 93–317 S.J. Res. 218 93–331 S.J. Res. 220 93–398 S.J. Res. 221 93–399 S.J. Res. 222 93–401 S.J. Res. 224 93–561 S.J. Res. 228 93–367 S.J. Res. 229 93–374 S.J. Res. 234 93–542 S.J. Res. 236 93–476 S.J. Res. 244 93–425 S.J. Res. 248 93–513 S.J. Res. 250 93–488 S.J. Res. 251 93–450 S.J. Res. 260 93–553 S.J. Res. 262 93–581 S.J. Res. 263 93–541 ix LIST OF PUBLIC LAWS CONTAINED IN THIS VOLUME Public Law Page 93–246 3 93–247 4 93–248 8 93–249 11 93–250 11 93–251 12 93–252 49 93–253 50 93–254 50 93–255 52 93–256 52 93–257 53 93–258 54x 93–259 55 93–260 76 93–261 76 93–262 77 93–263 83 93–264 84 93–265 84 93–266 85 93–267 85 93–268 85 93–269 87 93–270 90 93–271 92 93–272 93 93–273 93 93–274 94 93–275 96 93–276 115 93–277 119 93–278 121xi 93–279 122 93–280 123 93–281 124 93–282 125 93–283 139 93–284 141 93–285 142 93–286 142 93–287 143 93–288 143 93–289 165 93–290 173 93–291 174 93–292 176xii 93–293 176 93–294 177 93–295 180 93–296 184 93–297 187 93–298 188 93–299 189 93–300 190 93–301 190 93–302 191 93–303 192 93–304 194 93–305 195 93–306 232 93–307 233 93–308 234xiii 93–309 234 93–310 235 93–311 236 93–312 237 93–313 238 93–314 239 93–315 239 93–316 240 93–317 244 93–318 244 93–319 246 93–320 266 93–321 275 93–322 276 93–323 280 93–324 281 93–325 285 93–326 286xiv 93–327 287 93–328 287 93–329 288 93–330 288 93–331 289 93–332 289 93–333 290 93–334 290 93–335 291 93–336 291 93–337 292 93–338 293 93–339 293 93–340 294 93–341 295 93–342 295 93–343 296 93–344 297xv 93–345 339 93–346 340 93–347 340 93–348 342 93–349 354 93–350 355 93–351 357 93–352 358 93–353 362 93–354 373 93–355 378 93–356 390 93–357 391 93–358 392 93–359 393 93–360 395xvi 93–361 397 93–362 398 93–363 398 93–364 399 93–365 399 93–366 409 93–367 419 93–368 420 93–369 423 93–370 423 93–371 424 93–372 444 93–373 445 93–374 445 93–375 446 93–376 446xvii 93–377 472 93–378 476 93–379 480 93–380 484 93–381 613 93–382 633 93–383 633 93–384 741 93–385 741 93–386 742 93–387 750 93–388 752 93–389 763 93–390 763 93–391 768 93–392 781xviii 93–393 782 93–394 792 93–395 793 93–396 794 93–397 795 93–398 795 93–399 795 93–400 796 93–401 800 93–402 801 93–403 802 93–404 803 93–405 822 93–406 829 93–407 1036xix 93–408 1066 93–409 1069 93–410 1079 93–411 1089 93–412 1089 93–413 1093 93–414 1095 93–415 1109 93–416 1143 93–417 1151 93–418 1151 93–419 1152 93–420 1153 93–421 1154 93–422 1154 93–423 1158xx 93–424 1166 93–425 1166 93–426 1166 93–427 1170 93–428 1171 93–429 1179 93–430 1180 93–431 1184 93–432 1186 93–433 1187 93–434 1209 93–435 1210 93–436 1212 93–437 1212 93–438 1230 93–439 12o4 93–440 1258 93–441 1261xxi 93–442 1262 93–443 1263 93–444 1304 93–445 1305 93–446 1362 93–447 1363 93–448 1363 93–449 1364 93–450 1368 93–451 1368 93–452 1369 93–453 1375 93–454 1376 93–455 1381 93–456 1382xxii 93–457 1383 93–458 1383 93–459 1384 93–460 1386 93–461 1387 93–462 1388 93–463 1389 93–464 1416 93–465 1417 93–466 1420 93–467 1421 93–468 1422 93–469 1422 93–470 1422 93–471 1423 93–472 1430 93–473 1431xxiii 93–474 1438 93–475 1439 93–476 1444 93–477 1445 93–478 1449 93–479 1450 93–480 1454 93–481 1455 93–482 1456 93–483 1457 93–484 1459 93–485 1460 93–486 1461 93–487 1463 93–488 1464 93–489 1465 93–490 1466xxiv 93–491 1468 93–492 1470 93–493 1486 93–494 1499 93–495 1500 93–496 1526 93–497 1534 93–498 1535 93–499 lo49 93–500 1552 93–501 1557 93–502 1561 93–503 1565 93–504 1075 93–505 157o 93–506 1577xxv 93–507 1577 93–508 1578 93–509 1603 93–510 1604 93–511 1608 93–512 1609 93–513 1610 93–514 1611 93–515 1612 93–516 1617 93–517 1634xxvi 93–518 1652 93–519 1659 93–520 1659 93–521 1659 93–522 1660 93–523 1660 93–524 1694 93–525 1965 93–526 1695 93–527 1702 93–528 1706 93–529 1710 93–530 1711 93–531 1712 93–532 1723 93–533 1724 93–534 1731xxvii 93–535 1732 93–536 1734 93–537 1735 93–538 1736 93–539 1738 93–540 1738 93–541 1739 93–542 1740 93–543 1740 93–544 1741 93–545 1741 93–546 1742 93–547 1742 93–548 1743 93–549 1743 93–550 1744xxviii 93–551 1744 93–552 1745 93–553 1770 93–554 1771 93–555 1784 93–556 1789 93–557 1792 93–558 1793 93–559 1795 93–560 1820 93–561 1821 93–562 1821 93–563 1822 93–564 1843 93–565 1843 93–566 1844 93–567 1845 93–568 1855 93–569 1863 93–570 1867 93–571 1868xxix 93–572 1869 93–573 1873 93–574 1875 93–575 1878 93–576 1878 93–577 1878 93–578 1895 93–579 1896 93–580 1910 93–581 1914 93–582 1915 93–583 1916 93–584 1917 93–585 1918xxx 93–586 1920 93–587 1920 93–588 1920 93–589 1921 93–590 1922 93–591 1922 93–592 1924 93–593 1925 93–594 1926 93–595 1926 93–596 1949 93–597 1950 93–598 1954 93–599 1954 93–600 19o5 93–601 1956 93–602 1907 93–603 1959 93–604 1959xxxi 93–605 1965 93–606 1966 93–607 1966 93–608 1967 93–609 1972 93–610 1973 93–611 1974 93–612 1974 93–613 1975 93–614 1975 93–615 1977 93–616 1977 93–617 1978 93–618 1978 93–619 2076 93–620 2089 93–621 2094xxxii 93–622 2096 93–623 2102 93–624 2106 93–625 2108 93–626 2121 93–627 2126 93–628 2147 93–629 2148 93–630 2152 93–631 2153 93–632 2153 93–633 2156 93–634 2173 93–635 2173 93–636 2179 93–637 2183xxxiii 93–638 2203 93–639 2217 93–640 2217 93–641 2225 93–642 2276 93–643 2281 93–644 2291 93–645 2330 93–646 2333 93–647 2337 93–648 2361 93–649 2361 xxxv LIST OF BILLS ENACTED INTO PRIVATE LAW NINETY-THIRD CONGRESS, SECOND SESSION Bill No. Private Law No. H.R. 1321 93–57 H.R. 1376 93–77 H.R. 1715 93–109 H.R. 1961 93–73 H.R. 2208 93–110 H.R. 2514 93–74 H.R. 2533 93–56 H.R. 2537 93–88 H.R. 3203 93–111 H.R. 3339 93–112 H.R. 3532 93–98 H.R. 3534 93–80 H.R. 3538 93–107 H.R. 3544 93–87 H.R. 3903 93–99 H.R. 4590 93–89 H.R. 5106 93–58 H.R. 5266 93–79 H.R. 5477 93–75 H.R. 5667 93–90 H.R. 5759 93–67 H.R. 6116 93–68 H.R. 6119 93–51 H.R. 6202 93–96 H.R. 6477 93–97 H.R. 6979 93–72 H.R. 7087 93–71 H.R. 7089 93–83 H.R. 7128 93–81 H.R. 7207 93–86 H.R. 7363 93–59 H.R. 7397 93–82 H.R. 7682 93–91 H.R. 7684 93–113 H.R. 7685 93–76 H.R. 7767 93–114 H.R. 8322 93–115 H.R. 8543 93–85 H.R. 8823 93–78 H.R. 8824 93–100 H.R. 9182 93–116 H.R. 9588 93–117 H.R. 9654 93–118 H.R. 10827 93–119 H.R. 11847 93–120 H.R. 12627 93–66 H.R. 13869 93–121 H.R. 14461 93–122 S. 71 93–60 S. 184 93–103 S. 205 93–61 S. 245 93–69 S. 251 93–123 S. 428 93–70 S. 507 93–62 S. 724 93–84 S. 816 93–63 S. 912 93–64 S. 1276 93–92 S. 1357 93–104 S. 1615 93–52 S. 1673 93–53 S. 1852 93–54 S. 1922 93–55 S. 2112 93–65 S. 2337 93–93 S. 2382 93–94 S. 2446 93–108 S. 2594 93–105 S. 2838 93–106 S. 3397 93–101 S. 3578 93–102 S.J. Res. 192 93–95 xxxvii LIST OF PRIVATE LAWS CONTAINED IN THIS VOLUME Private Law Page 93–51 2365 93–52 2365 93–53 2366 93–54 2366 93–55 2366 93–56 2366 93–57 2367 93–58 2367 93–59 2367 93–60 2368 93–61 2368 93–62 2368 93–63 2369 93–64 2369 93–65 2369 93–66 2369 93–67 2370 93–68 2370 93–69 2370 93–70 2371 93–71 2371 93–72 2372 93–73 2372 93–74 2372 93–75 2373 93–76 2373 93–77 2373 93–78 2374 93–79 2374 93–80 2375 93–81 2375 93–82 2376 93–83 2376 93–84 2377xxxviii 93–85 2377 93–86 2378 93–87 2378 93–88 2379 93–89 2379 93–90 2379 93–91 2380 93–92 2380 93–93 2380 93–94 2381 93–95 2381 93–96 2381 93–97 2382 93–98 2382 93–99 2383 93–100 2383 93–101 2384 93–102 2384 93–103 2384 93–104 2385 93–105 2385 93–106 2386 93–107 2386 93–108 2387 93–109 2388 93–110 2388 93–111 2389 93–112 2389 93–113 2390 93–114 2390 93–115 2390 93–116 2391 93–117 2391xxxix 93–118 2391 93–119 2392 93–120 2392 93–121 2393 93–122 2393 93–123 2394 xli LIST OF CONCURRENT RESOLUTIONS CONTAINED IN THIS VOLUME Page Congress. Joint meeting 2397 Constitution of the United States. Printing as House document; additional copies 2397 House of Representatives and Senate. Adjournment from February 7–13, 1974 and February 8–18, 1974, respectively 2398 Convention of American Instructors of the Deaf, report. Printing as Senate document; additional copies 2398 Child Abuse Prevention, hearings. Printing of additional copies 2398 Commission on the Bankruptcy Laws of the United States, report. Printing of additional copies 2398 “Disclosure of Corporate Ownership.” Printing as Senate document ; additional copies 2398 “Confidence and Concern: Citizens View American Government—A Survey of Public Attitudes.” Printing of additional copies 2399 J. Edgar Hoover—Tributes.Printing as Senate document; additional copies 2399 Senate. Adjournment from March 13–19, 1974 2399 Veterans’ Benefits Calculator.Printing of additional copies 2400 “Foreign Policy Implications of the Energy Crisis,”hearings Printing of additional copies 2400 House of Representatives and Senate. Adjournment from April 11–22, 1974 2400 H. R. 11793. Correction in bill enrollment 2400 Two Hundredth Anniversary of the First Continental Congress—Day of National Observance 2401 House of Representatives and Senate. Adjournment from May 23–28, 1974, and May 22–28, 1974, respectively 2402 “Surgeon General’s Report by the Scientific Advisory Committee on Television and Social Behavior,” hearings.Printing of additional copies 2402 “Summary of Veterans Legislation Reported, Ninety-Third Congress.” Printing of copies 2402 “To Save the Children: Nutritional Intervention Through Supplemental Feeding.” Printing of additional copies 2403 “Our Flag.”Printing as House document; additional copies 2403 “Our American Government What Is III How Does II World.” Printing as House document; additional copies 2403 Honor America—Flag Day to Independence Day 2404 Biomedical and behavioral research training—conference papers Congressional signing of duplicates 2404 Presidential election of 1972, illegal, improper, or unethical activities, hearings. Printing of additional copies 2404 House of Representatives and Senate.Adjournment from July 3–9, 1974, and June 27–July 8, 1974, respectively 2404 Earl Warren—funeral services.Catafalque, transfer 2405 “State Postsecondary Education Commissions,” hearings 2405xlii “Controlling the Damage: United States Policy Options for Greece,” report 2405 “United States Space Week.” Designation authorization 2406 Congressional adjournment, rules 2406 H.R. 15074. Correction in bill enrollment 2406 Impeachment inquiry, hearings and final report. Printing of additional copies 2407 Herbert Hoover—one hundredth birthday anniversary 2407 Joint Economic Committee, study on infiation 2407 H.R. 69. Correction in bill enrollment 2409 Gerald R. Ford, President of the United Slates 2409 Congress. Joint meeting 2410 S. 8066. Correction in bill enrollment 2410 1980 Winter Olympic games—Lake Placid, New York 2410 “The Recreation Imperative—The National Outdoor Recreation Plan, report. Printing of additional copies 2411 House of Representatives and Senate. Adjournment from August 22–September 11, 1974, and August 22–September 4, 1974, respectively 2411 H.R. 15842. Correction in bill enrollment 2412 H.R. 2. Correction in bill enrollment 2412 Smokey Bear, return to Capitan, New Mexico, on his death 2421 H.R. 14883. Correction in bill enrollment 2421 “How Our Laws Are Made,”Printing as House document; additional copies 2422 Congress.Joint meeting 2422 S. 1769. Correction in bill enrollment 2422 H.R. 11221. Correction in bill enrollment 2423 H.R. 11510. Correction in bill enrollment 2423 H.R. 15427. Correction in bill enrollment 2423 Centennial safe 2424 House of Representatives and Senate. Adjournment from October 17–November 18, 1974 2425 House of Representatives and Senate. Adjournment from November 26–December 3, 1974 and November 26–December 2, 1974, respectively 2425 Select Committee on Nutrition and Human Needs, hearings and reports. Printing of additional copies 2425 “Public Financing of Federal Elections,” hearings. Printing of additional copies 2426 “The Marihuana-Hashish Epidemic and Its Impact on United States Security,” hearings. Printing of additional copies 2426 S. 425. Correction in bill enrollment 2426 H.R. 17468. Correction in bill enrollment 2430 “Impeachment of Richard M. Nixon, President of the United States.” Printing of additional copies 2431 First Continental Congress—two hundredth anniversary. Proceedings printed as House document; additional copies 2431 Portrait of Honorable Leonor K. Sullivan—presentation. Transcript printed as House document; additional copies 2431 Rev Edward Gardiner Latch’s prayers. Printing as House document; additional copies 2431 H.R. 14689. Correction in bill enrollment 2432 S. 356. Correction in bill enrollment 2432 Constitution of the United States, pocket-size edition. Printing as House document; additional copies 2432 Constitution of the United States and Declaration of Independence. Printing as House document; additional copies 2432 H.R. 10710. Correction in bill enrollment 2433 Congress. Adjournment sine die 2433 xliii LIST OF PROCLAMATIONS CONTAINED IN THIS VOLUME No. 4258 2437 4259 2439 4260 2440 4261 2441 4262 2442 4263 2444 4264 2445 4265 2446 4266 2447 4267 2448 4268 2449 4269 2450 4270 2451 4271 2453 4272 2454 4273 2456 4274 2457 4275 2459 4276 2460 4277 2461 4278 2463 4279 2464 4280 2468 4281 2469 4282 2470 4283 2471 4284 2472 4285 2473 4286 2474 4287 2475 4288 2476 4289 2477 4290 2478 4291 2479 4292 2480 4293 2481 4294 2482 4295 2484 4296 2485 4297 2486 4298 2487 4299 2489 4300 2490 4301 2491 4302 2492 4303 2493 4304 2494xliv 4305 2496 4306 2497 4307 2498 4308 2499 4309 2500 4310 2501 4311 2502 4312 2503 4313 2504 4314 2507 4315 2508 4316 2509 4317 2510 4318 2513 4319 2514 4320 2521 4321 2523 4322 2524 4323 2525 4324 2527 4325 2528 4326 2529 4327 2530 4328 2531 4329 2532 4330 2533 4331 2534 4332 2535 4333 2536 4334 2537 4335 2540 4336 2542 4337 2543 4338 2544 PUBLIC LAWS

Public Laws

enacted during the

SECOND SESSION OF THE NINETY-THIRD CONGRESS

of the

UNITED STATES OF AMERICA

 Begun and held at the City of Washington on Monday, January 21, 1974, and adjourned sine die on Friday, December 20, 1974. Richard M. Nixon, President until his resignation August 9, 1974; Gerald R. Ford, President on and after August 9, 1974; Gerald R. Ford, Vice President until August 9, 1974; Nelson A. Rockefeller, Vice President on and after December 19, 1974; Carl Albert, Speaker of the House of Representatives. Public Law 93–246: To increase the contribution of the Government to the costs of health benefits for Federal employees, and for other purposes. Public Law246 Public Law 93–246 [88 Stat. 3] 1974-01-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 3 Public Law 93–246
AN ACT To increase the contribution of the Government to the costs of health benefits for Federal employees, and for other purposes.

January 31, 1974

[H. R. 9256]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) subsections

Federal employees health benefits.

Government contribution, increase.

 (a) and (b) of section 8906 of title 5, United States Code, are amended to read as follows: “(a) The Commission shall determine the average of the subscription charges in effect on the beginning date of each contract year with respect to self alone or self and family enrollments under this chapter, as applicable, for the highest level of benefits offered by— “(1) the service benefit plan; “(2) the indemnity benefit plan; “(3) the two employee organization plans with the largest number of enrollments, as determined by the Commission; and “(4) the two comprehensive medical plans with the largest number of enrollments, as determined by the Commission. “(b) (1) Except as provided by paragraph (2) of this subsection, the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter shall be adjusted, beginning on the first day of the first applicable pay period of each year, to an amount equal to the following percentage, as applicable, of the average subscription charge determined under subsection (a) of this section: 50 percent for applicable pay periods commencing in 1974 and 60 percent for applicable pay periods commencing in 1975 and in each year thereafter. 88 Stat. 4 “(2)

Limitation.

 The biweekly Government contribution for an employee or annuitant enrolled in a plan under this chapter shall not exceed 75 percent of the subscription charge.”. (b) Section 8900(c) of tide 5, United States Code, is amended by striking out “subsections (a) and (b)” and inserting “subsection (b) ” in lieu thereof. (c) Section 8906(g) of title 5, United States Code, is amended by striking out “subsection (a) of”.
Sec. 2.

5 USC 8905 note.

 (a) Notwithstanding any other provision of law, an annuitant, as defined under section 8901(3) of title 5, United States Code, who is participating or who is eligible to participate in the health benefits program offered under the Retired Federal Employees Health Benefits Act (74 Stat. 849; Public Law 86–724), may elect, in accordance with regulations prescribed by the United States Civil Service Commission, to be covered under the provisions of chapter 89

5 USC 8901.

of title 5, United States Code, in lieu of coverage under such Act. (b) An annuitant who elects to be covered under the. provisions of chapter 89 of title 5, United States Code, in accordance with subsection (a) of this section, shall be entitled to the benefits under such chapter 89.
Sec. 3. Section 8902 of title 5. United States Code, is amended by adding at the end thereof the following subsection: “(j) Each contract under this chapter shall require the carrier to agree to pay for or provide a health service or supply in an individual case if the Commission finds that the employee, annuitant, or family member is entitled thereto under the terms of the contract.”.
Sec. 4.

Effective dates.

5 USC 8906 note.

 (a) The first section of this Act shall take effect on the first day of the first applicable pay period which begins on or after January 1, 1974.

5 USC 8905 note.

(b) Section 2 shall take effect on the one hundred and eightieth day following the date of enactment or on such earlier date as the United States Civil Service Commission may prescribe.

5 USC 8902 note.

(c) Section 3 shall become effective with respect to any contract entered into or renewed on or after the date of enactment of this Act.

Effective date.

5 USC 8906 note.

(d) The determination of the average of subscription charges and the adjustment of the Government contributions for 1973, under section 8906 of title 5, United States Code, as amended by the first section of this Act, shall take effect on the first day of the first applicable pay period which begins on or after the thirtieth day following the date of enactment of this Act.
Approved January 31, 1974.
Public Law 93–247: To provide financial assistance for a demonstration program for the prevention, identification, and treatment of child abuse and neglect, to establish a National Center on Child Abuse and Neglect, and for other purposes. Public Law247 Public Law 93–247 [88 Stat. 4] 1974-01-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–247
AN ACT To provide financial assistance for a demonstration program for the prevention, identification, and treatment of child abuse and neglect, to establish a National Center on Child Abuse and Neglect, and for other purposes.

January 31, 1974

[S. 1191]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Child Abuse Prevention and Treatment Act.

42 USC 5101 note.
That this Act may be cited as the “Child Abuse Prevention and Treatment Act”.
88 Stat. 5
the national center on child abuse and neglect Sec. 2. (a) The Secretary of Health, Education, and Welfare (hereinafter

Establishment.

42 USC 5101.

 referred to in this Act as the “Secretary”) shall establish an office to be known as the National Center on Child Abuse and Neglect (hereinafter referred to in this Act as the “Center”). (b) The Secretary, through the Center, shall— (1) compile, analyze, and publish a summary annually of

Annual research summary.

 recently conducted and currently conducted research on child abuse and neglect; (2) develop and maintain an information clearinghouse on all

Information clearinghouse.

 programs, including private programs, showing promise of success, for the prevention, identification, and treatment of child abuse and neglect; (3) compile and publish training materials for personnel who are engaged or intend to engage in the prevention, identification, and treatment of child abuse and neglect; (4) provide technical assistance (directly or through grant or contract) to public and nonprofit private agencies and organizations to assist them in planning, improving, developing, and carrying out programs and activities relating to the prevention, identification, and treatment of child abuse and neglect; (5) conduct research into the causes of child abuse and neglect, and into the prevention, identification, and treatment thereof; and (6) make a complete and full study and investigation of the

Study.

 national incidence of child abuse and neglect, including a determination of the extent to which incidents of child abuse and neglect are increasing in number or severity.
definition Sec. 3. For purposes of this Act the term “child abuse and neglect”

42 USC 5102.

 means the physical or mental injury, sexual abuse, negligent treatment, or maltreatment of a child under the age of eighteen by a person who is responsible for the child’s welfare under circumstances which indicate that the child’s health or welfare is harmed or threatened thereby, as determined in accordance with regulations prescribed by the Secretary.
demonstration programs and projects Sec. 4. (a) The Secretary, through the Center, is authorized to make

Grants and contracts.

42 USC 5103.

 grants to, and enter into contracts with, public agencies or nonprofit private organizations (or combinations thereof) for demonstration programs and projects designed to prevent, identify, and treat child abuse and neglect. Grants or contracts under this subsection may be— (1) for the development and establishment of training programs for professional and paraprofessional personnel in the fields of medicine, law, education, social work, and other relevant 88 Stat. 6fields who are engaged in, or intend to work in, the field of the prevention, identification, and treatment of child abuse and neglect; and training programs for children,, and for persons responsible for the welfare of children, in methods of protecting children from child abuse and neglect; (2) for the establishment and maintenance of centers, serving defined geographic areas, staffed by multidisciplinary teams of personnel trained in the prevention, identification, and treatment of child abuse and neglect cases, to provide a broad range of services related to child abuse and neglect, including direct support and supervision of satellite centers and attention homes, as well as providing advice and consultation to individuals, agencies, and organizations which request such services; (3) for furnishing services of teams of professional and para-professional personnel who are trained in the prevention, identification, and treatment of child abuse and neglect cases, on a consulting basis to small communities where such services are not available; and (4) for such other innovative programs and projects, including programs and projects for parent self-help, and for prevention and treatment of drug-related child abuse and neglect, that show promise of successfully preventing or treating cases of child abuse and neglect as the Secretary may approve. Not less than 50 per centum of the funds appropriated under this Act for any fiscal year shall be used only for carrying out the provisions of this subsection.

Grants to States.

(b) (1) Of the sums appropriated under this Act for any fiscal year, not less than 5 per centum and not more than 20 per centum may be used by the Secretary for making grants to the States for the payment of reasonable and necessary expenses for the purpose of assisting the States in developing, strengthening, and carrying out child abuse and neglect prevention and treatment programs. (2) In order for a State to qualify for assistance under this subsection, such State shall— (A) have in effect a State child abuse and neglect law which shall include provisions for immunity for persons reporting instances of child abuse and neglect from prosecution, under any State or local law, arising out of such reporting; (B) provide for the reporting of known and suspected instances of child abuse and neglect; (C) provide that upon receipt of a report of known or suspected instances of child abuse or neglect an investigation shall be initiated promptly to substantiate the accuracy of the report, and, upon a finding of abuse or neglect, immediate steps shall be taken to protect the health and welfare of the abused or neglected child, as well as that of any other child under the same care who may be in danger of abuse or neglect; (D) demonstrate that there are in effect throughout the State, in connection with the enforcement of child abuse and neglect laws and with the reporting of suspected instances of child abuse and neglect, such administrative procedures, such personnel trained in child abuse and neglect prevention and treatment, such training procedures, such institutional and other facilities (public and private), and such related multidisciplinary programs and services as may be necessary or appropriate to assure that the State will deal effectively with child abuse and neglect cases in the State; 88 Stat. 7 (E) provide for methods to preserve the confidentiality of all records in order to protect the rights of the child, his parents or guardians; (F) provide for the cooperation of law enforcement officials, courts of competent jurisdiction, and appropriate State agencies providing human services; (G) provide that in every case involving an abused or neglected child which results in a judicial proceeding a guardian ad litem shall be appointed to represent the child in such proceedings; (H) provide that the aggregate of support for programs or projects related to child abuse and neglect assisted by State funds shall not be r educed below the level provided during fiscal year 1973, and set forth policies and procedures designed to assure that Federal funds made available under this Act for any fiscal year will be so used as to supplement and, to the extent practicable, increase the level of State funds which would, in the absence of Federal funds, be available for such programs and projects; (I) provide for dissemination of information to the general public with respect to the problem of child abuse and neglect and the facilities and prevention and treatment methods available to combat instances of child abuse and neglect; and (J) to the extent feasible, insure that parental organizations combating child abuse and neglect receive preferential treatment. (3) Programs or projects related to child abuse and neglect assisted under part A or B of title IV of the Social Security Act shall comply

42 USC 601, 620.

 with the requirements set forth in clauses (B), (C), (E), and (F) of paragraph (2). (c) Assistance provided pursuant to this section shall not be available for construction of facilities: however, the Secretary is authorized to supply such assistance for the lease or rental of facilities where adequate facilities are not otherwise available, and for repair or minor remodeling or alteration of existing facilities. (d) The Secretary shall establish criteria designed to achieve equitable distribution of assistance under this section among the States, among geographic areas of the Nation, and among rural and urban areas. To the. extent possible, citizens of each State shall receive assistance from at least one project under this section.
authorizations Sec. 5. There are hereby authorized to be appropriated for the purposes

42 USC 5104.

 of this Act $15,000,000 for the fiscal year ending June 30, 1974, $20,000,000 for the fiscal year ending June 30, 1975, and $25,000,000 for the fiscal year ending June 30, 1976, and for the succeeding fiscal year.
advisory board on child abuse and neglect Sec. 6. (a) The Secretary shall, within sixty days after the date of

42 USC 5105.

 enactment of this Act, appoint an Advisory Board on Child Abuse and Neglect (hereinafter referred to as the “Advisory Board”), which shall be composed of representatives from Federal agencies with

Membership.

 responsibility for programs and activities related to child abuse and neglect, including the Office of Child Development, the Office of Education, the, National Institute of Education, the National Institute, of Mental Health, the National Institute of Child Health and Human Development, the Social and Rehabilitation Service, and the Health Services Administration. The Advisory Board shall assist the Secretary

Functions.

 in coordinating programs and activities related to child abuse 88 Stat. 8and neglect administered or assisted under this Act with such programs and activities administered or assisted by the Federal agencies whose representatives are members of the Advisory Board. The Advisory Board shall also assist the Secretary in the development of Federal standards for child abuse and neglect prevention and treatment programs and projects.

Report to President and Congress.

(b) The Advisory Board shall prepare and submit, within eighteen months after the date of enactment of this Act, to the President and to the Congress a report on the programs assisted under this Act and the programs, projects, and activities related to child abuse and neglect administered or assisted by the Federal agencies whose representatives are members of the Advisory Board. Such report shall include a study of the relationship between drug addiction and child abuse and neglect. (c) Of the funds appropriated under section 5, one-half of 1 per centum, or $1,000,000, whichever is the lesser, may be used by the Secretary only for purposes of the report under subsection (b).
coordination Sec. 7.

42 USC 5106.

 The Secretary shall promulgate regulations and make such arrangements as may be necessary or appropriate to ensure that there is effective coordination between programs related to child abuse and neglect under this Act and other such programs which are assisted by Federal funds.
Approved January 31, 1974.
Public Law 93–248: To implement the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969. Public Law248 Public Law 93–248 [88 Stat. 8] 1974-02-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–248
AN ACT To implement the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969.

February 5, 1974

[S. 1070]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Intervention on the High Seas Act.

33 USC 1471 note.

Definitions.

33 USC 1471.
That this Act may be cited as the “Intervention on the High Seas Act”.
Sec. 2. As used in this Act— (1) “ship” means— (A) any seagoing vessel of any type whatsoever, and (B) any floating craft, except an installation or device engaged in the exploration and exploitation of the resources of the seabed and the ocean floor and the subsoil thereof; (2) “oil” means crude, oil, fuel oil, diesel oil, and lubricating oil; (3) “convention” means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1919; (4) “Secretary” means the Secretary’ of the department in which the Coast Guard is operating; and (5) “United States” means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands,
Sec. 3.

33 USC 1472.

 Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to the ship or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by oil which 88 Stat. 9may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in section 10, without liability for any damage to the owners or operators of the ship, to her cargo or crew, or to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the Convention and this Act, to prevent, mitigate, or eliminate that danger.
Sec. 4. In determining whether there is grave and imminent danger

33 USC 1473.

 of major harmful consequences to the coastline or related interests of the United States, the Secretary shall consider the interests of the United States directly threatened or affected including but not limited to, fish, shellfish, and other living marine resources, wildlife, coastal zone and estuarine activities, and public and private shorelines and beaches.
Sec. 5. Upon a determination under section 3 of this Act of a grave

33 USC 1474.

 and imminent danger to the coastline or related interests of the United States, the Secretary may— (1) coordinate and direct all public and private efforts directed at the removal or elimination of the threatened pollution damage; (2) directly or indirectly undertake the whole or any part of any salvage or other action he could require or direct under subsection ( 1 ) of this section ; and (3) remove, and, if necessary, destroy the ship and cargo which is the source of the danger.
Sec. 6. Before taking any measure under section 5 of this Act, the

33 USC 1475.

 Secretary shall— (1) consult, through the Secretary of State, with other countries

Consultation.

 affected by the marine casualty, and particularly with the flag country of any ship involved; (2) notify without delay the Administrator of the Environmental

Notification.

 Protection Agency and any other persons known to the Secretary, or of whom he later becomes aware, who have interests which can reasonably be expected to be affected by any proposed measures; and (3) consider any views submitted in response to the consultation or notification required by subsections (1) and (2) of this section.
Sec. 7. In cases of extreme urgency requiring measures to be taken

33 USC 1476.

 immediately, the Secretary may take those measures rendered necessary by the .urgency of the situation without the prior consultation or notification as required by section 6 of this Act or without the continuation of consultations already begun.
Sec. 8. (a) Measures directed or conducted under this Act shall

33 USC 1477.

 be proportionate to the damage, actual or threatened, to the coastline or related interests of the United States and may not go beyond what is reasonably necessary to prevent, mitigate, or eliminate that damage. (b) In considering whether measures are proportionate to the damage the Secretary shall, among other things, consider— (1) the extent and probability of imminent damage if those measures are not taken ; (2) the likelihood of effectiveness of those measures; and (3) the extent of the damage which may be caused by those measures.
Sec. 9. In the direction and conduct of measures under this Act the

33 USC 1478.

 Secretary shall use his best endeavors to— (1) assure the avoidance of risk to human life; (2) render all possible aid to distressed persons, including facilitating repatriation of ships’ crews; and (3) not unnecessarily interfere with rights and interests of 88 Stat. 10others, including the flag state of any ship involved, other foreign states threatened by damage, and persons otherwise concerned.
Sec. 10.

Compensation.

33 USC 1479.

 (a) The United States shall be obliged to pay compensation to the extent of the damage caused by measures which exceed those reasonably necessary to achieve the end mentioned in section 3.

Jurisdiction.

(b) Actions against the United States seeking compensation for any excessive measures may be brought in the United States Court of Claims, in any district court of the United States, and in those courts enumerated in section 460 of title 28. United States Code. For purposes of this Act, American Samoa shall be included within the judicial district of the District Court of the United States for the District of Hawaii, and the Trust Territory of the Pacific Islands shall be included within the judicial districts of both the District Court of the United States for the District of Hawaii and the District Court of Guam.
Sec. 11.

Notification.

33 USC 1480.

 The Secretary of State shall notify without delay foreign states concerned, the Secretary-General of the Inter-Governmental Maritime Consultative Organization, and persons affected by measures taken under this Act.
Sec. 12.

Violations.

33 USC 1481.

 (a) Any person who— (1) willfully violates a provision of this Act or a regulation issued thereunder; or (2) willfully refuses or fails to comply with any lawful order or direction given pursuant to this Act; or (3) willfully obstructs any person who is acting in compliance

Penalty.

with an order or direction under this Act, shall be fined not more than $10,000 or imprisoned not more than one year, or both. (b) In a criminal proceeding for an offense under paragraph (1) or (2) of subsection (a) of this section it shall be a defense for the accused to prove that he used all due diligence to comply with any order or direction or that he had reasonable cause to believe that compliance would have resulted in serious risk to human life.
Sec. 13.

Experts, nomination.

33 USC 1482.

 (a) The Secretary, in consultation with the Secretary of State and the Administrator of the Environmental Protection Agency, may nominate individuals to the list of experts provided for in article III of the convention.

Negotiators, conciliators, or arbitrators, designation or nomination.

(b) The Secretary of State, in consultation with the Secretary, shall designate or nominate, as appropriate and necessary, the negotiators, conciliators, or arbitrators provided for by the convention and the annexes thereto.
Sec. 14.

33 USC 1483.

 No measures may be taken under authority of this Act against any warship or other ship owned or operated by a country and used, for the. time being, only on Government noncommercial service.
Sec. 15.

33 USC 1484.

 This Act shall be interpreted and administered in a manner consistent with the convention and other international law. Except as specifically provided, nothing in this Act may be interpreted to prejudice any otherwise applicable right, duty, privilege, or immunity or deprive any country or person of any remedy otherwise applicable.
Sec. 16.

Rules and regulations.

33 USC 1485.

 The Secretary may issue reasonable rules and regulations which he considers appropriate and necessary for the effective implementation of this Act.
Sec. 17.

33 USC 1486.

33 USC 1321.

 The revolving fund established under section 311 (k) of the Federal Water Pollution Control Act shall be available to the Secretary for Federal actions and activities under section 5 of this Act.
Sec. 18.

Effective date.

33 USC 1487.

 This Act shall be effective upon the date of enactment, or upon the date the convention becomes effective as to the United States, whichever is later.
Approved February 5, 1974.
Public Law 93–249: To provide for advancing the effective date of the final order of the Interstate Commerce Commission in Hocker. No. MC 43 (Sub-No. 2). Public Law249 Public Law 93–249 [88 Stat. 11] 1974-02-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 11 Public Law 93–249
JOINT RESOLUTION To provide for advancing the effective date of the final order of the Interstate Commerce Commission in Hocker. No. MC 43 (Sub-No. 2).

February 8, 1974

[S. J. Res 185]

 Whereas the Interstate Commerce Commission, through its proposed order issued January 30, 1974, in Docket No. MC 43 (Sub-No. 2), seeks to alleviate a serious and pressing transportation problem by requiring carriers to reimburse their owner-operators for all increases in the price of fuel over the base period May 15, 1973: and Whereas section 221(b) of the Interstate Commerce Act, 49 V.S.C. 321(b) appears to preclude the Commission from making its final order in MC 43 (Sub-No. 2) effective in less than thirty days; and Whereas the inability to effectuate the final order in MC 43 (Sub-No. 2) more promptly will cause substantial hardship to a significant portion of the motor carrier industry and the shipping public; and Whereas there, exists a national transportation crisis which presents a grave risk to the commerce and well-being of the Nation: Now. therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Commission shall

ICC.

Fuel price increases, trucker reimbursement.

 issue a final order in MC 43 (Sub-No. 2) as soon as possible which shall become effective not later than February 15, 1974.
Approved February 8, 1974.
Public Law 93–250: To amend the Budget and Accounting Act, 1921, to require the advice and consent of the Senate for future appointments to the offices of Director and Deputy Director of the Office of Management and Budget, and for other purposes. Public Law250 Public Law 93–250 [88 Stat. 11] 1974-03-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–250
AN ACT To amend the Budget and Accounting Act, 1921, to require the advice and consent of the Senate for future appointments to the offices of Director and Deputy Director of the Office of Management and Budget, and for other purposes.

March 2, 1974

[S. 37]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first two

OMB.

Director and Deputy Directory Senate confirmation requirement

 sentences of section 207 of the Budget and Accounting Act, 1921 (31 U.S.C. 16) are amended to read as follows:
“Sec. 207. There is in the Executive Office of the President an Office of Management and Budget. There shall be in the Office a Director and a Deputy Director, both of whom shall be appointed by the President, by and with the advice and consent of the Senate.”
Sec. 2. The amendment made by the first section of this Act shall

Effective dates.

31 USC 16 note.

 take effect— (1) insofar as such amendment relates to appointments to the office of Director of the Office of Management and Budget, immediately after the individual holding that office on the date of the enactment of this Act ceases to hold that office; (2) insofar as such amendment relates to appointments to the office of Deputy Director of the Office of Management and Budget, immediately after the individual holding that office on the date of the enactment of this Act ceases to hold that office; and (3) immediately as to such vacant office or offices, if the Office of the Director or the Office of the Deputy Director of the Office of Management and Budget is vacant when this Act is enacted.
Approved March 2, 1974.
Public Law 93–251: Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes. Public Law251 Public Law 93–251 [88 Stat. 12] 1974-03-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 12 Public Law 93–251
AN ACT Authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes.

March 7, 1974

[H. R. 10203]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Water resources development; river basin monetary authorizations.

Water Resources Development Act of 1974.

 <num value="I">TITLE I—</num> <heading class="inline">WATER RESOURCES DEVELOPMENT</heading> <section class="firstIndent1 fontsize10"> <num value="1"><inline class="smallCaps">Sec</inline>. 1. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to undertake the phase I design memorandum stage of advanced engineering and design of the following multi-purpose water resources development projects, substantially in accordance with, and subject to the conditions recommended by the Chief of Engineers in, the reports hereinafter designated.</chapeau> <level> <heading class="centered"><inline class="smallCaps">middle atlantic coastal area</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for hurricane-Hood protection at Virginia Beach, Virginia: House Document Numbered 92–365, at an estimated cost of $954,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">james river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood protection for the city of Buena Vista on the Maury River, Virginia: House Document Numbered 93–56, at an estimated cost of $665,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">salt river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for Camp Ground Lake on Beech Fork hi the Salt River Basin, Kentucky, for flood protection and other purposes: House Document Numbered 92–374, at an estimated cost of $330,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">pascagoula river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood protection and other purposes on Bowie Creek, Mississippi: House Document Numbered 92–359, at an estimated cost of $390,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">pearl river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes on the Pearl River, Mississippi: House Document Numbered 92–282, at an estimated cost of $310,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">upper mississippi river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes on the Zumbro River at Rochester, Minnesota: Report of the Chief of Engineers dated June 7, 1973, in House Document Numbered 93–156, at an estimated cost of $150,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">lower mississippi river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for Greenville Harbor, Greenville, Mississippi: Senate Document Numbered 93–38, at an estimated cost of $200,000.</p> <p class="firstIndent1 fontsize10">The project for flood protection for the east bank of the Mississippi River, Warren to Wilkinson Counties, Mississippi (Natchez area): House Document Numbered 93–148, at an estimated cost of $150,000.</p> <p class="firstIndent1 fontsize10">The project for flood control and other purposes on the east hank of the Mississippi River, Warren to Wilkinson Counties, Mississippi <page identifier="/us/stat/88/13">88 <inline class="smallCaps">Stat</inline>. 13</page>(Vicksburg-Yazoo area): House Document Numbered 93–149, at an estimated cost of $150,000.</p> <p class="firstIndent1 fontsize10">The project for flood control and other purposes for the Bushley Bayou area of the Red River backwater area, Louisiana: House Document Numbered 93–157, at an estimated cost of $300,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">pee dee river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes on Roaring River Reservoir, North Carolina: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $400,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">altamaha river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes at Curry Creek Reservoir, Georgia: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $400,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">coosa river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes at Dalton Reservoir, Conasauga River, Georgia: in accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $440,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">guadalupe river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes on the Blanco River at Clopton Crossing, Texas: House Document Numbered 92–364, at an estimated cost of $177,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">arkansas river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood protection and other purposes on the Arkansas River and tributaries above John Martin Dam, Colorado: House Document Numbered 93–143, at an estimated cost of $1,140,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">spring river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes on Center Creek near Joplin, Missouri: House Document Numbered 92–361, at an estimated cost of $150,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">columbia river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for installation of power generating facilities at the Libby Reregulating Dam, Kootenai River, Montana: Senate Document Numbered 93–29, at an estimated cost of $75,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">umpqua river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood protection and other purposes at the Days’ Creek Dam, South Umpqua River, Oregon: House Document Numbered 92–371, at an estimated cost of $400,000.</p> </content> </level> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary of the Army is authorized to undertake advanced engineering and design for the projects in subsection (a) of this section after completion of the phase I design memorandum stage of such projects. Such advanced engineering and design may be undertaken<sidenote><p class="firstIndent1 fontsize8">Finding by Chief of Engineers, transmittal to congressional committees.</p></sidenote> only upon a finding by the Chief of Engineers, transmitted to the <page identifier="/us/stat/88/14">88 <inline class="smallCaps">Stat</inline>. 14</page>Committees on Public Works of the Senate and House of Representatives, that the project is without substantial controversy, that it is substantially in accordance with and subject to the conditions recommended for such project in this section, and that the advanced engineering and design will be compatible with any project modifications <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>which may be under consideration. There is authorized to carry out this subsection not to exceed $5,000,000. No funds appropriated under this subsection may be used for land acquisition or commencement of construction.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="2"><inline class="smallCaps">Sec</inline>. 2. </num> <chapeau class="inline">Sections 201 and 202 and the last three sentences in section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701c/s701–1">33 USC 701c note, 701–1 note</ref></p></sidenote>203 of the Flood Control Act of 1968 shall apply to all projects authorized in this section. The following works of improvement for the benefit of navigation anti the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted by the Secretary of the Army, acting through the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief of Engineers in the respective reports hereinafter designated.</chapeau> <level> <heading class="centered"><inline class="smallCaps">delaware river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for local flood protection on Wabash Creek, Borough of Tamaqua, Pennsylvania: In accordance with the recommendations of the Secretary of the Army in his report dated April 12, 1971, on the Development of Water Resources in Appalachia, at an estimated cost of $2,355,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">charles river watershed</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes in the Charles River Watershed, Massachusetts: Report of the Chief of Engineers dated December 6, 1972, at an estimated cost of $7,340,000.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">upper mississippi river basin</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">The project for flood control and other purposes at Prairie du Chien. Wisconsin: Report of the Chief of Engineers dated February 9, 1972. at an estimated cost of $1,840,000.</p> </content> </level> </section> <section class="firstIndent1 fontsize10"> <num value="3"><inline class="smallCaps">Sec</inline>. 3. </num><sidenote><p class="firstIndent1 fontsize8">Land acquisition.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The West Tennessee tributaries feature, Mississippi River and tributaries project (Obion and Forked Deer Rivers), Tennessee, authorized by the Flood Control Acts approved June 30, 1948, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/62/1178">62 Stat. 1178</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/80/1423">80 Stat. 1423</ref>.</p></sidenote>and November 7, 1966, as amended and modified, is hereby further amended to authorize the Secretary of the Army, acting through the Chief of Engineers, to acquire thirty-two thousand acres of land for the mitigation of fish and wildlife resources, recreation, and environmental purposes. Such lands shall be made available for public use, consistent with good wildlife management practices.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Due to the urgency of completion of the West Tennessee tributaries feature and the necessity to preserve wildlife habitat, the Secretary of the Army, acting through the Chief of Engineers, is hereby authorized to enter immediately into leasehold agreements, accept donations, acquire by direct purchase, and to institute eminent domain proceedings to insure the preservation of the necessary lands in their natural state and to further the objectives of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Plans, approval.</p></sidenote>(c) </num> <content class="inline">Final details and designs of this mitigation feature shall consist of plans approved by the Secretary of the Army, the Secretary of the Interior, and the Governor of the State of Tennessee after consultation with the Tennessee Game and Fish Commission prior to the conveyance by the Secretary of the Army to the State of Tennessee as provided in subsection (d).</content> </subsection> <page identifier="/us/stat/88/15">88 <inline class="smallCaps">Stat</inline>. 15</page> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Secretary of the Army is authorized and directed to convey<sidenote><p class="firstIndent1 fontsize8">State of Tennessee, land conveyance.</p></sidenote> without monetary consideration, to the State of Tennessee all right, title, and interest of the United States in the lands and developments acquired under the authority of this section. Prior to such conveyance the State of Tennessee or its appropriate designee shall agree in writing in accordance with the provisions of section 221 of the Flood Control Act of 1970, to operate, maintain, and manage the agreed<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5b">42 USC 1962d–5b</ref>.</p></sidenote> upon mitigation lands and developments at no expense to the United States. In addition, the deed of conveyance to the lands and developments shall provide that they shall continue to be used for wildlife purposes in accordance with the plans of subsection (b) and the title to such lands or developments, which have been provided at Federal expense under the authority of this subsection shall revert to the United States if they cease to be used for such purposes.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">Not less than 20 per centum of the funds appropriated each fiscal year for the construction of the West Tennessee tributaries feature, Mississippi River and tributaries project, shall be expended to implement the mitigation program authorized by this section, until the entire amount of funds authorized by this section has been expended.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">The stun of $6,600,000 is hereby authorized to be appropriated<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> to carry out the purposes of this section, and such sum shall be in addition to funds previously authorized for the West Tennessee tributaries feature.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="4"><inline class="smallCaps">Sec</inline>. 4. </num> <content class="inline">The project for beach erosion control on Ediz Hook at Port<sidenote><p class="firstIndent1 fontsize8">Port Angeles, Wash., project.</p></sidenote> Angeles, Washington, is authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 93–101. at an estimated cost of $4,553,000. The Secretary of the Army, acting through the Chief of Engineers is authorized to undertake, in connection with such project, such emergency interim measures as may be necessary to prevent the breaching of Ediz Hook prior to construction of the authorized project.</content> </section> <section class="firstIndent1 fontsize10"> <num value="5"><inline class="smallCaps">Sec</inline>. 5. </num> <content class="inline">The project for Hood control, water supply, and related purposes,<sidenote><p class="firstIndent1 fontsize8">Pocatalico River Basin, W. Va., project.</p></sidenote> in the Pocatalico River Basin. West Virginia, is hereby authorized substantially in accordance with the recommendations contained in the Pocatalico River Basin joint study interim report prepared by the Corps of Engineers and the Soil Conservation Service, at an estimated cost of $3,568,900, with the funds to be appropriated for use by the Secretary of Agriculture, contingent upon project approval by the President.</content> </section> <section class="firstIndent1 fontsize10"> <num value="6"><inline class="smallCaps">Sec</inline>. 6. </num> <content class="inline">Section 103 of the River and Harbor Act of 1970 is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1819">84 Stat. 1819</ref>.</p></sidenote> to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="103">“<inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">The cost of operation and maintenance of the general navigation features of small boat harbor projects shall be borne by the United States. This section shall apply to any such project authorized (A) under section 201 of the Flood Control Act of 1965, (B)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s577">33 USC 577</ref>.</p></sidenote> under section 107 of the River and Harbor Act of 1960, (C) between January 1, 1970, and December 31, 1970, under authority of this Act, and to projects heretofore authorized in accordance with the policy set forth in the preceding sentence and to such projects authorized in this Act or which are hereafter authorized.”</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="7"><inline class="smallCaps">Sec</inline>. 7. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 116(a) of the River and Harbor Act of 1970<sidenote><p class="firstIndent1 fontsize8">Chicago River, Ill., channel clearance.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1822">84 Stat. 1822</ref>.</p></sidenote> (Public Law 91–611) is amended by inserting before the period the following: “<quotedText>, and thereafter to maintain such channel free of such trees, roots, debris, and objects</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 116(c) of the River and Harbor Act of 1970 (Public Law 91–611) is amended by inserting before the period the following: “<quotedText>to clear the channel, and not to exceed $150,000 each fiscal year thereafter to maintain such channel</quotedText>”.</content> </subsection> <page identifier="/us/stat/88/16">88 <inline class="smallCaps">Stat</inline>. 16</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 116(b) of the River and Harbor Act of 1970 (Public <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1822">84 Stat. 1822</ref>.</p></sidenote>Law 91–611) is amended by adding at the end thereof the following: “<quotedText>Non-Federal interests shall pay 25 per centum of the cost of maintaining the channel free of trees, roots, debris, and objects.</quotedText>”</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="8"><inline class="smallCaps">Sec</inline>. 8. </num><sidenote><p class="firstIndent1 fontsize8">San Francisco Bay-Delta Model, Calif., operation.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized to operate and maintain the San Francisco Bay-Delta Model in Sausalito, California, for the purpose of testing proposals affecting the environmental quality of the region, including, but not limited to, salinity intrusion, dispersion of pollutants, water quality, improvements for navigation, dredging, bay fill, physical structures, and other shoreline changes which might affect the regimen of the bay-delta waters.</content> </section> <section class="firstIndent1 fontsize10"> <num value="9"><inline class="smallCaps">Sec</inline>. 9. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–15">42 USC 1962d–15</ref>.</p></sidenote> <content class="inline">The requirement in any water resources development project under the jurisdiction of the Secretary of the Army, that non-Federal interests hold and save the United States free from damages due to the construction, operation, and maintenance of the project, does not include damages due to the fault or negligence of the United States or its contractors.</content> </section> <section class="firstIndent1 fontsize10"> <num value="10"><inline class="smallCaps">Sec</inline>. 10. </num><sidenote><p class="firstIndent1 fontsize8">McClellan-Kerr Arkansas River navigation system.</p></sidenote> <content class="inline">The McClellan-Kerr Arkansas River navigation system, authorized by the Act entitled “An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes”, approved June 28, 1938 (52 Stat. 1215), as amended and supplemented, is hereby further modified to include alteration at Federal expense of the municipal water supply facilities of the city of Conway, Arkansas, by the construction of water supply impoundment facilities at a location outside the flat flood plain of Cadron Creek, together with interconnecting pipeline and other appurtenant work, so that the water supply capacity of the resultant municipal facilities is approximately equivalent to that existing prior to construction of the navigation system.</content> </section> <section class="firstIndent1 fontsize10"> <num value="11"><inline class="smallCaps">Sec</inline>. 11. </num><sidenote><p class="firstIndent1 fontsize8">Surveys.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline"> <p class="firstIndent1 fontsize10">The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following locations for flood control and allied purposes, and subject to all applicable provisions of section 217 of the Flood Control Act of 1970 (Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1830">84 Stat. 1830</ref>.</p></sidenote>91–611):</p> <p class="indentUp1 fontsize10">San Luis Obispo County. California.</p> <p class="indentUp1 fontsize10">Buffalo River Basin, New York (wastewater management study).</p> <p class="indentUp1 fontsize10">Palo Blanco Creek and Cibolo Creek, at and in the vicinity of Falfurrias, Texas.</p> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline"> <p class="firstIndent1 fontsize10">The Secretary of the Army is hereby authorized and directed to cause surveys to be made at the following locations and subject to all applicable provisions of section 110 of the River and Harbor Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/168">64 Stat. 168</ref>.</p></sidenote>of 1950:</p> <p class="indentUp1 fontsize10">Miami River, Florida, with a view to determining the feasibility and advisability of dredging the river in the interest of water quality.</p> <p class="indentUp1 fontsize10">Port Las Mareas. Puerto Rico, with a view to determining the feasibility and advisability of assumption of maintenance of the project by the United States.</p> <p class="indentUp1 fontsize10">Saint Marys River at. and in the vicinity of. Sault Sainte Marie, Michigan, with a view to determining the advisability of developing a deep draft navigation harbor and international port.</p> <p class="indentUp1 fontsize10">East Two Rivers between Tower, Minnesota, and Vermilion Lake.</p> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="12"><inline class="smallCaps">Sec</inline>. 12. </num><sidenote><p class="firstIndent1 fontsize8">Project review.</p><p class="firstIndent1 fontsize8">List, submittal to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s579">33 USC 579</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">As soon as practicable after the date of enactment of this section and at least once each year thereafter, the Secretary of the Army, acting through the Chief of Engineers, shall review and submit to Congress a list of those authorized projects for works of <page identifier="/us/stat/88/17">88 <inline class="smallCaps">Stat</inline>. 17</page>improvement of rivers and harbors and other waterways for navigation, beach erosion, flood control, and other purposes which have been authorized for a period of at least eight years without any Congressional appropriations within the last eight years and which he determines, after appropriate review, should no longer be authorized. Each project so listed shall be accompanied by the recommendation of the Chief of Engineers together with his reasons for such recommendation. Prior to the submission of such list to the Congress, the Secretary of the Army, acting through the Chief of Engineers, shall obtain the views of interested Federal departments, agencies, and instrumentalities, and of the Governor of each State wherein such project would be located, which views shall be furnished within sixty days after being requested by the Secretary and which shall accompany the list submitted to Congress. Prior to the submission of such list to Congress the Secretary of the Army, acting through the Chief of Engineers, shall notify each Senator hr whose State, and each Member of the House of Representatives in whose district, a project (including any part thereof) on such list would be located.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Such list shall be delivered to both Houses on the same day and to each House while it is in session. A project on such list shall not be authorized at the end of the first period of one hundred and eighty calendar days of continuous session of Congress after the date such list is delivered to it unless between the date of delivery and the end of such one hundred and eighty-day period, either the Committee on Public Works of the House of Representatives or the Committee on Public Works of the Senate adopts a resolution stating that such project shall continue to be an authorized project. For the purposes of this section continuity of session is broken only by an adjournment of Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the one hundred and eighty-day period. The provisions of this section shall not apply to any project contained in a list of projects submitted to the Congress within one hundred and eighty days preceding the date of adjournment sine die of any session of Congress.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Nothing in this section shall be construed so as to preclude the Secretary from withdrawing any project or projects from such list at any time prior to the final day of the period provided for in subsection (b).</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">This section shall not be applicable to any project which has been included in a resolution adopted pursuant to subsection (b).</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, shall, on request by resolution of the Committee on Public Works of the Senate or the Committee on Public Works of the House of Representatives, review authorized projects for inclusion in the list of projects provided for in subsection (a) of tills section. If any project so reviewed is not included in any of the first three lists submitted to the Congress after the date of the resolution directing the review of the project, a report on the review together with the reasons for not<sidenote><p class="firstIndent1 fontsize8">Report, submittal to congressional committees.</p></sidenote> recommending deauthorization, shall be submitted to the Committees on Public Works of the Senate and House of Representatives not later than the date of the third list submitted to Congress after the date of such resolution.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="13"><inline class="smallCaps">Sec</inline>. 13. </num> <content class="inline">Section 207(c) of the Flood Control Act of 1900 (33 U.S.C. 701r–1 (c)) is hereby amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">For water resources pro Sects to be constructed hi the future, when the taking by the Federal Government of an existing public road necessitates replacement, the substitute provided will, as nearly as <page identifier="/us/stat/88/18">88 <inline class="smallCaps">Stat</inline>. 18</page>practicable, serve in the same manner and reasonably as well as the existing road. The head of the agency concerned is authorized to construct such substitute roads to the design standards which the State or owning political division would use in constructing a new road under similar conditions of geography and under similar traffic loads (present and projected). In any case where a State or political subdivision thereof requests that such a substitute road be constructed to a higher standard than that provided for in the preceding provisions of this subsection, and pays, prior to commencement of such construction, the additional costs involved due to such higher standard, such agency head is authorized to construct such road to such higher standard. Federal costs under the provisions of this subsection shall be part of the nonreimbursable project costs.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="14"><inline class="smallCaps">Sec</inline>. 14. </num><sidenote><p class="firstIndent1 fontsize8">Sandridge Dam and Reservoir, N.Y., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1824">84 Stat. 1824</ref>.</p></sidenote> <content class="inline">The project for the Sandridge Dam and Reservoir, Ellicott Creek, New York, for flood protection and other purposes as authorized by the Flood Control Act of 1970, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to undertake remedial flood control measures to alleviate flooding in the reach between Stahl Road and Niagara Falls Boulevard that are compatible with the diversion channel plan contained in the report of the district engineer, United States Army Engineer District, Buffalo, dated August 1973, such work to be subject to the items of local cooperation required for similar projects and such work to be limited to areas downstream from Sweethome Road in the town of Amherst, New York, and such other areas as the Secretary may deem necessary. The work authorized by this section shall be compatible with the authorized project and any alternatives currently under study pursuant to the Flood Control Act of 1970.</content> </section> <section class="firstIndent1 fontsize10"> <num value="15"><inline class="smallCaps">Sec</inline>. 15. </num><sidenote><p class="firstIndent1 fontsize8">Little River Inlet, S.C., navigation project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5</ref>.</p></sidenote> <content class="inline">The project for navigation at Little River Inlet, South Carolina, authorized under provisions of section 201 of the Flood Control Act of October 27, 1965 (Public Law 89–298), is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to perform such emergency dredging operations as the Chief of Engineers determines necessary to maintain channel depths sufficient to permit free and safe movement of vessels until such time as the authorized project is constructed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="16"><inline class="smallCaps">Sec</inline>. 16. </num><sidenote><p class="firstIndent1 fontsize8">White River Basin, Project modification.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The comprehensive plan for flood control and other purposes in the White River Basin, as authorized by the Act of June 28, 1938 (52 Stat. 1215), and as modified and amended by subsequent Acts, is further modified to provide for a free highway bridge built to modern standards over the Norfork Reservoir at an appropriate location in the area where United States Highway 62 and Arkansas State Highway 101 were inundated as a result of the construction of the Norfork Dam and Reservoir. Such bridge shall be constructed by the Chief of Engineers in accordance with such plans as are determined to be satisfactory by the Secretary of the Anny to provide adequate crossing facilities. Prior to construction the Secretary of the Army, acting through the Chief of Engineers, shall enter into an agreement with appropriate non-Federal interests as determined by him, which shall provide that after construction such non-Federal interests shall own, operate, and maintain such bridges and approach facilities free to the public.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The cost of constructing such bridge shall be borne by the United States except that the State of Arkansas shall, upon completion of such bridge,, reimburse the United States the sum of $1,342,000 plus interest, compounded annually, for the period from May 29, 1943, to the date of enactment of this Act. Such interest shall be computed at rates determined by the Secretary of the Treasury to be equal to <page identifier="/us/stat/88/19">88 <inline class="smallCaps">Stat</inline>. 19</page>the average annual rates payable on all interest-bearing obligations of the United States forming a part of the public debt for each year during this period, and adjusted to the nearest one-eighth of 1 per centum.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="17"><inline class="smallCaps">Sec</inline>. 17. </num> <content class="inline">The projects for Melvern Lake and Pomona Lake, Kansas,<sidenote><p class="firstIndent1 fontsize8">Melvern and Pomona Lakes, Kans., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1261">68 Stat. 1261</ref>.</p></sidenote> authorized as units of the comprehensive plan for flood control and other purposes, Missouri River Basin, by the Flood Control Act approved September 3, 1954. are hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to improve surface roads in the vicinity of such projects which he determines to be necessary for appropriate utilization of such projects. The Federal share of the work performed under this section shall not exceed 70 per centum of the costs of such work. There is authorized<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> to be appropriated to the Secretary not to exceed $500,000 to carry out this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="18"><inline class="smallCaps">Sec</inline>. 18. </num> <content class="inline">The project for Tuttle Creek Reservoir, Big Blue River,<sidenote><p class="firstIndent1 fontsize8">Tuttle Creek Reservoir, Big Blue River, Kans.</p></sidenote> Kansas, authorized as a unit of the comprehensive plan for flood control and other purposes, Missouri River Basin, by the Flood Control Act approved June 28, 1938, as modified, is hereby further modified to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/52/1218">52 Stat. 1218</ref>.</p></sidenote> authorize the Secretary’ of the Army, acting through the Chief of Engineers, in his discretion to improve that portion of FAS 1208 extending from the intersection with Kansas State Highway 13 in section 5, township 9 south, range 8 east, thence north and west to the intersection with country road in section 14, township 8 south, range 7 east, approximately 5.78 miles. The Federal share of the work performed under this section shall not exceed 70 per centum of the costs of such work. There is authorized to be appropriated to the Secretary not<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> to exceed $500,000 to carry out this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="19"><inline class="smallCaps">Sec</inline>. 19. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Army, acting through the Chief<sidenote><p class="firstIndent1 fontsize8">Fraternal Order of Police, Nashville, Tenn., land conveyance.</p></sidenote> of Engineers, is authorized and directed to convey to the Andrew Jackson Lodge Numbered 5, Fraternal Order of Police, of Nashville. Tennessee (hereafter in this section referred to as the “lodge”), all right, title, and interest of the United. States in and to that real property consisting of thirty-eight acres, more or less, which is located within the Old Hickory lock and dam project and which is presently leased to the lodge under lease numbered AA–40058–CIVENG–60–431, dated December 1, 1959.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The cost of any surveys necessary as an incident of the conveyance<sidenote><p class="firstIndent1 fontsize8">Surveys, costs.</p></sidenote> authorized by this section shall be borne by the lodge.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Title to the property authorized to be conveyed by this section shall revert to the United States, which shall have the right of immediate entry thereon, if the lodge shall ever use. or permit to be used, any part of such property for any purpose other than as a youth camp facility.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The conveyance authorized by this section shall be made upon<sidenote><p class="firstIndent1 fontsize8">Payment.</p></sidenote> payment by the lodge to the Secretary of the Army of an amount of money equal to the fair market value of the property. The fair market value of such property shall be determined by an independent qualified appraiser acceptable to both the Secretary of the Army and the lodge. No conveyance may be made pursuant to this section after the close of the twelfth month after the month in which this section is enacted.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="20"><inline class="smallCaps">Sec</inline>. 20. </num> <content class="inline">Section 213 of the Flood Control Act of 1970 ( 84 Stat. 1824, 1829) is hereby amended by (1) inserting before the period at the end of the first sentence the following: “<quotedText>, at an estimated cost of $11,400,000</quotedText>” and (2) striking out the last sentence.</content> </section> <section class="firstIndent1 fontsize10"> <num value="21"><inline class="smallCaps">Sec</inline>. 21. </num> <content class="inline">The project for flood protection on the Minnesota River at<sidenote><p class="firstIndent1 fontsize8">Minnesota River, Mankato-North Mankato, Minn., project modification.</p></sidenote> Mankato-North Mankato, Minnesota, authorized by the Flood Control Act of 1958 and modified by section 207 of the Flood Control <page identifier="/us/stat/88/20">88 <inline class="smallCaps">Stat</inline>. 20</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/310">72 Stat. 310</ref>; <ref href="/us/stat/79/1085">79 Stat. 1085</ref>.</p></sidenote>Act of 1965, is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to reimburse the city of Mankato for local costs incurred in relocating that portion of the existing Mankato interceptor sewer extending approximately one thousand six hundred feet upstream and one thousand five hundred feet downstream of the Warren Creek Pumping Station, provided the relocated interceptor sewer is designed and constructed in a manner which the Secretary of the Army determines is fully adequate to serve the project purpose.</content> </section> <section class="firstIndent1 fontsize10"> <num value="22"><inline class="smallCaps">Sec</inline>. 22. </num><sidenote><p class="firstIndent1 fontsize8">Water conservation plans.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–16">42 USC 1962d–16</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins <sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote>located within the boundaries of such State and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(b) </num> <content class="inline">There is authorized to be appropriated not to exceed $2,000,000 annually to carry out the provisions of this section except that not more than $200,000 shall be expended in any one year in any one State.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="23"><inline class="smallCaps">Sec</inline>. 23. </num> <content class="inline">Section 123 of the River and Harbor Act of 1970 (84 Stat. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1165a">33 USC 1165a</ref>.</p></sidenote>1818, 1823) is hereby amended by adding at the end of subsection (d) of such section the following: “<quotedText>In the event such findings occur after the appropriate non-Federal interest or interests have entered into the agreement required by subsection (c), any payments due after the date of such findings as part of the required local contribution of 25 per centum of the construction costs shall be waived by the Secretary of the Army.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="24"><inline class="smallCaps">Sec</inline>. 24. </num><sidenote><p class="firstIndent1 fontsize8">Local cooperation, study.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5 note</ref>.</p>4</sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to make a complete study of the items of local cooperation involving hold and save harmless provisions which have been required for water resources development projects under his jurisdiction, and his reasons for such requirements, and <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>to report thereon to the Congress not later than June 30, 1975, together with recommendations as to those items of local cooperation which should appropriately be required for various types of water resources development projects.</content> </section> <section class="firstIndent1 fontsize10"> <num value="25"><inline class="smallCaps">Sec</inline>. 25. </num><sidenote><p class="firstIndent1 fontsize8">Land and water use, study.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5 note</ref>.</p><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to study land use practices and recreational uses at water resource development projects under his jurisdiction, and to report thereon to the Congress not later than June 30, 1975, with recommendations as to the best use of such lands for outdoor recreation, fish and wildlife enhancement, and related purposes.</content> </section> <section class="firstIndent1 fontsize10"> <num value="26"><inline class="smallCaps">Sec</inline>. 26. </num> <content class="inline">Section 208 of the Flood Control Act of 1954 (68 Stat. 1256, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701g">33 USC 701g</ref>.</p></sidenote>1266) is hereby amended by striking out “<quotedText>$2,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$5,000,000</quotedText>”, and by striking out “<quotedText>$100,000</quotedText>” and inserting in lieu thereof “<quotedText>$250,000</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="27"><inline class="smallCaps">Sec</inline>. 27. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701r">33 USC 701r</ref>.</p></sidenote> <content class="inline">Section 14 of the Act approved July 24, 1946 (60 Stat. 653), is hereby amended by striking out “<quotedText>$1,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$10,000,000</quotedText>”, by inserting after the words “<quotedText>public works,</quotedText>” “<quotedText>churches, hospitals, schools, and other nonprofit public services,</quotedText>” by striking out “<quotedText>$50,000</quotedText>” and inserting in lieu thereof “<quotedText>$250,000</quotedText>” and by striking out “<quotedText>of emergency bank-protection works to prevent flood</quotedText>” and inserting in lieu thereof “<quotedText>, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="28"><inline class="smallCaps">Sec</inline>. 28. </num><sidenote><p class="firstIndent1 fontsize8">Lake Texoma, Tex. and Okla., access improvements.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to improve perimeter access at <page identifier="/us/stat/88/21">88 <inline class="smallCaps">Stat</inline>. 21</page>Lake Texoma, Texas and Oklahoma, utilizing existing roads to the extent feasible. There is authorized to be appropriated not to exceed $3,000,000 to carry out this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="29"><inline class="smallCaps">Sec</inline>. 29. </num> <chapeau class="inline">The Act entitled “An Act authorizing the city of Rock<sidenote><p class="firstIndent1 fontsize8">Rock Island, Ill., toll bridge.</p></sidenote> Island, Illinois, or its assigns, to construct, maintain, and operate a toll bridge across the Mississippi River at or near Rock Island, Illinois, and to place at or near the city of Davenport, Iowa”, approved March 18, 1938 (52 Stat. 110), is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting after “<quotedText>to reconstruct, enlarge, and extend the approaches</quotedText>” in subsection (b) of the first section the following: "(including the eastern approach in Rock Island, Illinois)”,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by inserting after “<quotedText>approaches</quotedText>” in subsection (c) of the first section the following: "(other than the eastern approach in Rock Island, Illinois)”, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by inserting at the end of subsection (c) of the first section the following: “<quotedText>The reconstruction, enlargement, and extension of the eastern approach in Rock Island, Illinois, to such bridge pursuant to subsection (b) of this section shall be commenced not later than December 1, 1974, and shall be completed before December 1, 1977.</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="30"><inline class="smallCaps">Sec</inline>. 30. </num> <content class="inline">The project for enlargement of Lavon Reservoir on the<sidenote><p class="firstIndent1 fontsize8">Lavon Reservoir, Trinity River, Tex., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/76/1185">76 Stat. 1185</ref>.</p></sidenote> East Fork of the Trinity River, Texas, authorized by the Flood Control Act of 1962, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to provide a crossing and approaches at Tic key Creek and suitable surfacing to permit all-weather use of Collin County Road 115, at a cost not to exceed $800,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="31"><inline class="smallCaps">Sec</inline>. 31. </num> <content class="inline">The project for the Atlantic coast of Long Island, Fire<sidenote><p class="firstIndent1 fontsize8">Long Island, N.Y., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/480">74 Stat. 480</ref>.</p></sidenote> Island Inlet to Montauk Point, New York, authorized in section 101 of the River and Harbor Act of 1960, is hereby modified to provide that non-Federal interests shall (1) contribute 30 per centum of the first cost of the project, including the value of lands, easements, and rights-of-way; (2) hold and save the United States free from damages due to the construction works; and (3) maintain and operate the improvements in accordance with regulations prescribed by the Secretary of the Army.</content> </section> <section class="firstIndent1 fontsize10"> <num value="32"><inline class="smallCaps">Sec</inline>. 32. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">This section may be cited as the “<shortTitle role="section">Streambank Erosion<sidenote><p class="firstIndent1 fontsize8">Streambank Erosion Control Evaluation and Demonstration Act of 1974.</p><p class="firstIndent1 fontsize8">National streambank erosion prevention and control demonstration program.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5 note</ref>.</p></sidenote> Control Evaluation and Demonstration Act of 1974</shortTitle>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to establish and conduct for a period of five fiscal years a national streambank erosion prevention and control demonstration program. The program shall consist of (1) an evaluation of the extent of streambank erosion on navigable rivers and their tributaries; (2) development of new methods and techniques for bank protection, research on soil stability, and identification of the causes of erosion; (3) a report to the Congress on the results<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> of such studies and the recommendations of the Secretary of the Army on means for the prevention and correction of streambank erosion; and (4) demonstration projects, including bank protection works.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <chapeau class="inline">Demonstration projects authorized by this section shall be undertaken on streams selected to reflect a variety of geographical and environmental conditions, including streams with naturally occurring erosion problems and streams with erosion caused or increased by man-made structures or activities. At a minimum, demonstration projects<sidenote><p class="firstIndent1 fontsize8">Project sites.</p></sidenote> shall be conducted at multiple sites on—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the Ohio River;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that reach of the Missouri River between Fort Randall Dam, South Dakota, and Sioux City, Iowa;</content> </paragraph> <page identifier="/us/stat/88/22">88 <inline class="smallCaps">Stat</inline>. 22</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">that reach of the Missouri River in North Dakota at or below the Garrison Dam; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the delta and hill areas of the Yazoo River Basin generally in accordance with the recommendations of the Chief of Engineers in his report dated September 23, 1972.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Non-Federal interests, requirements.</p></sidenote>(d) </num> <content class="inline">Prior to construction of any projects under this section, non-Federal interests shall agree that they will provide without cost to the United States lands, easements, and rights-of-way necessary for construction and subsequent operation of the projects; hold and save the United States free from damages due to construction, operation, and maintenance of the projects; and operate and maintain the projects upon completion.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(e) </num> <content class="inline">There is authorized to be appropriated for the five-fiscal-year period ending June 30, 1978, not to exceed $25,000,000 to carry out subsections (b), (c),and (d) of this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="33"><inline class="smallCaps">Sec</inline>. 33. </num><sidenote><p class="firstIndent1 fontsize8">Scioto River, Ohio, project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/76/1188">76 Stat. 1188</ref>.</p></sidenote> <content class="inline">The flood control project for the Scioto River, Ohio authorized by section 203 of the Flood Control Act of 1962, as modified, is hereby further modified (1) to permit the construction of local protection works at Chillicothe, Ohio, prior to commencement of construction of the Mill Creek Reservoir, and (2) to permit the plan for such works to be revised by the Chief of Engineers so as to provide a degree of protection substantially equivalent to that provided by the project as originally authorized.</content> </section> <section class="firstIndent1 fontsize10"> <num value="34"><inline class="smallCaps">Sec</inline>. 34. </num><sidenote><p class="firstIndent1 fontsize8">Ohio River, Newburgh, Ind., bank protection works.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/35/818">35 Stat. 818</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s5">33 USC 5</ref>.</p></sidenote> <content class="inline">The project for Newburgh lock and dam, authorized under authority of section 6 of the River and Harbor Act approved March 3, 1909, is hereby modified to direct the Secretary of the Anny, acting through the Chief of Engineers, to perform bank protection works along the Ohio River at Newburgh, Indiana. Prior to construction, non-Federal interests shall agree that they will provide without cost to the United States lands, easements, and rights-of-way necessary for construction and subsequent operation of the works; hold and save the United States free from damages due to construction, operation, and maintenance of the works, and operate and maintain the works upon completion.</content> </section> <section class="firstIndent1 fontsize10"> <num value="35"><inline class="smallCaps">Sec</inline>. 35. </num><sidenote><p class="firstIndent1 fontsize8">Aleutian Islands, Alaska, study.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineer’s, is authorized and directed to make a detailed study of such plans as he may deem feasible and appropriate for the removal and disposal of debris and obsolete buildings remaining as a result of military construction in World War II in the vicinities of Port Heiden, Cold Bay, Unalaska, and Unmak Island, in the Aleutian Islands, Alaska. Such study shall include an analysis of appropriate measures <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>to restore these areas to their natural condition. The Secretary of the Army, acting through the Chief of Engineers, is directed to report the findings of such study to Congress within one year after the date of enactment of this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="36"><inline class="smallCaps">Sec</inline>. 36. </num><sidenote><p class="firstIndent1 fontsize8">American River Calif., road, bridges.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1831">84 Stat. 1831</ref>.</p></sidenote> <content class="inline">Section 222 of the Flood Control Act of 1970 (Public Law 91–611) is amended by inserting at the end thereof the following: “<quotedText>The Secretary may also provide for the cost of construction of a two-lane, all-weather paved road (including appropriate two-lane bridges) extending from Old United States Highway 40, near Weimar across the North Fork and Middle Fork of the American River to the Eldorado County Road near Spanish Dry Diggings, substantially in accordance with the report of the Secretary entitled ‘Replacement Alternative Upstream Road System, Auburn Reservoir—June 1970’.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <num value="37"><inline class="smallCaps">Sec</inline>. 37. </num><sidenote><p class="firstIndent1 fontsize8">Santa Cruz Harbor project, Santa Cruz, Calif.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to review the requirements of local cooperation for the Santa Cruz Harbor project, Santa Cruz, California, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/299">72 Stat. 299</ref>.</p></sidenote>authorized by the River and Harbor Act of 1958, with particu-<page identifier="/us/stat/88/23">88 <inline class="smallCaps">Stat</inline>. 23</page>lar reference to Federal and non-Federal cost sharing, and to report<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> the findings of such review to Congress within one year after the date of enactment of this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="38"><inline class="smallCaps">Sec</inline>. 38. </num> <content class="inline">The Secretary of the Army, acting through the Chief of<sidenote><p class="firstIndent1 fontsize8">Anaheim Bay, Calif.</p></sidenote> Engineers, is authorized and directed to review the requirements of local cooperation for the project for Anaheim Bay, California, authorized by the River and Harbor Act of 1954 for Seal Beach, California,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/68/1254">68 Stat. 1254</ref>.</p></sidenote> with particular reference to Federal and non-Federal cost sharing, and to report the findings of such review to Congress within one year after<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> the date of enactment of this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="39"><inline class="smallCaps">Sec</inline>. 39. </num> <content class="inline">The Secretary of the Army, acting through the Chief of<sidenote><p class="firstIndent1 fontsize8">Yankton, S. Dak., emergency bank stabilization works.</p></sidenote> Engineers, is authorized and directed to undertake such emergency bank stabilization works as are necessary to protect the Sacred Heart Hospital in Yankton, South Dakota, from damages caused by bank erosion downstream of Gavins Point Dam, Missouri River.</content> </section> <section class="firstIndent1 fontsize10"> <num value="40"><inline class="smallCaps">Sec</inline>. 40. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In connection with any water resource development<sidenote><p class="firstIndent1 fontsize8">Non-Federal public bodies, construction costs reimbursement.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5c">42 USC 1962d–5c</ref>.</p></sidenote> project, heretofore, herein, or hereafter authorized to be undertaken y the Secretary of the Army, the construction of which has not been initiated as of the dale of the enactment of this section, where authorization requires that non-Federal public bodies make an agreed-upon cash contribution as part of their reimbursement to the Federal Government for construction costs, or a specific portion of the construction costs, and where there exists no other provision of law which would permit extended repayment for the construction costs or such specific portion of the construction costs involved, such non-Federal public bodies may make such repayment in annual installments during the period of construction.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Upon the request of affected non-Federal public bodies, the<sidenote><p class="firstIndent1 fontsize8">Cost sharing agreements, modification.</p></sidenote> Secretary of the Army is authorized to modify existing cost sharing agreements in order to effectuate the provisions of subsection (a) of this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="41"><inline class="smallCaps">Sec</inline>. 41. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Army, acting through the Chief<sidenote><p class="firstIndent1 fontsize8">Ohio River Basin, water resources development projects, study.</p></sidenote> of Engineers, is authorized and directed to make a detailed study and report of the total benefits and costs attributable to the water resources development projects undertaken in the Ohio River Basin by the Corps of Engineers. The evaluation of benefits and costs attributable to such projects shall include consideration of the enhancement of regional economic development, quality of the total environment, the well-being of the people, and the national economic development.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary, acting through the Chief of Engineers, shall<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> report the finding of such study to Congress within two years after funds are made available to initiate the study.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">There is authorized to be appropriated to the Secretary not to<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> exceed $2.000,000 to carry’ out this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="42"><inline class="smallCaps">Sec</inline>. 42. </num> <content class="inline">The project for flood control and improvement of the lower<sidenote><p class="firstIndent1 fontsize8">Lower Mississippi River project modification.</p></sidenote> Mississippi River (adopted by the Act of May 15, 1928 (45 Stat. 534)), as amended and modified is further amended and modified so as to provide that in the case of lands which were authorized to be acquired for the purpose of mitigating losses to wildlife resulting from Federal improvements which have not been acquired and which are no longer suitable for such purpose, the Secretary of the Army, acting through the Chief of Engineers, may, to the extent justified, acquire substitute lands, not to exceed the acreages previously authorized for such purpose, in the same or adjacent subbasins of the project area.</content> </section> <section class="firstIndent1 fontsize10"> <num value="43"><inline class="smallCaps">Sec</inline>. 43. </num> <content class="inline">Any proposed road to the Zilpo Recreation Area shall not<sidenote><p class="firstIndent1 fontsize8">Cave Run Lake project, Ky., road construction.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1570">49 Stat. 1570</ref>.</p></sidenote> be constructed under the Cave Run Lake project in Kentucky authorized by the Flood Control Acts approved June 22, 1936, and June 28, <page identifier="/us/stat/88/24">88 <inline class="smallCaps">Stat</inline>. 24</page><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/S2/1215">S2 Stat. 1215</ref>.</p><p class="firstIndent1 fontsize8">Public review and comment.</p></sidenote>1938, until there is a full opportunity for public review and comment on the environmental impact statement pertaining to any such proposed road.</content> </section> <section class="firstIndent1 fontsize10"> <num value="44"><inline class="smallCaps">Sec</inline>. 44. </num><sidenote><p class="firstIndent1 fontsize8">Mountrail County Park Commission, N. Dak., land conveyance.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Subject to the provisions of subsection (b) of this section, the Secretary of the Army is authorized and directed to convey to the Mountrail County Park Commission of Mountrail County, North Dakota, all rights, title, and interest of the United States in and to the following described tracts of land:</chapeau> <level> <heading class="centered"><inline class="smallCaps">tract number 1</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">All of the land which lies landward of a line, which line is 300 feet above and measured horizontally from contour elevation 1,850 mean sea level of old Van Hook Village in the northwest quarter of section 32, township 152, range 91 west of the fifth guide meridian.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">tract number 2</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">All of the land which lies landward of a line which line is 300 feet above and measured horizontally from contour elevation 1,850 mean sea level of Olson’s first addition, part of the southwest quarter of section 29, township 152, range 91 west of the fifth guide meridian.</p> </content> </level> <level> <heading class="centered"><inline class="smallCaps">tract number 3</inline></heading> <content class="firstIndent1"> <p class="firstIndent1 fontsize10">Hodge’s first addition, part of the northeast quarter of section 32, township 152, range 91, west of the fifth guide meridian.</p> </content> </level> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The conveyance of such portion of the lands described in subsection (a) as is being used by the North Dakota State Game and Fish Department for wildlife management purposes shall not become effective until the termination of the license granted to such department for such use either in accordance with its original terms on October 31, 1980, or at any time prior thereto.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The lands conveyed pursuant to this section shall be used by the Mountrail County Park Commission, Mountrail County, North Dakota, solely for public park and recreational purposes, and if such lands are ever used for any other purpose, title thereto shall revert to, and become the property of, the United States which shall have the right of immediate entry thereof.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The conveyance authorized by this section shall be subject to such other terms and conditions as the Secretary of the Army deems to be in the public interest.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Surveys, costs.</p></sidenote>(c) </num> <content class="inline">The Mountrail County Park Commission shall pay the costs of such surveys as may be necessary to determine the exact legal description of the lands to be conveyed and such sums as may be fixed by the Secretary of the Army to compensate the United States for its administrative expenses in connection with the conveyance of such lands, which sum shall be covered into the Treasury into miscellaneous expenses.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="45"><inline class="smallCaps">Sec</inline>. 45. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 252 of the Disaster Relief Act of 1970 (Public <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4482">42 USC 4482</ref>.</p></sidenote>Law 91–606, 84 Stat. 1757) is amended by adding at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d) </num><sidenote><p class="firstIndent1 fontsize8">“Net cost” and “net costs.”</p></sidenote> <content class="inline">For the purposes of this section, ‘net cost’ and ‘net costs’ of repairing, restoring, reconstructing, or replacing any such facility shall include the costs actually incurred in replacing the facility’s services with services from other sources during the period of repair, restoration, reconstruction, or replacement of such facility, to the extent such costs exceed the costs which would have been incurred in providing such services but for the disaster.”</content> </subsection> </quotedContent> </content> </subsection> <page identifier="/us/stat/88/25">88 <inline class="smallCaps">Stat</inline>. 25</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by section (a) of this section shall take<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4482">42 USC 4482 note</ref>.</p></sidenote> effect as of August 1, 1969.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="46"><inline class="smallCaps">Sec</inline>. 46. </num> <content class="inline">The Secretary of the Army, acting through the Chief of<sidenote><p class="firstIndent1 fontsize8">Aberdeen, Wash., contract amendment.</p></sidenote> Engineers, is authorized to amend the contract between the city of Aberdeen, Washington, and the United States for use of storage space in the Wynoochee Dam and Lake on the Wynoochee River, Washington, for municipal and industrial water supply purposes. Such amended contract shall provide that the costs allocated to present demand water supply, shall be repaid over a period of fifty years after the project is first used for the storage of water for water supply purposes. The first annual payment shall be a minimum of 0.1 per centum of the total amount to be repaid. The annual payments shall be increased by 0.1 per centum each year until the tenth year at which time the payment shall be 1 per centum of the total principal amount to be repaid. Subsequent annual payments for the balance of forty years shall be one-fortieth of the balance remaining after the tenth annual payment (including interest over such fifty year period).</content> </section> <section class="firstIndent1 fontsize10"> <num value="47"><inline class="smallCaps">Sec</inline>. 47. </num> <content class="inline">The project for Wynoochee Dam and Lake, Wynoochee<sidenote><p class="firstIndent1 fontsize8">Wynoochee River, Wash., project modification.</p></sidenote> River, Washington, authorized by the Flood Control Act approved October 23, 1962 (76 Stat. 1193). is hereby modified to provide that the Secret an’ of the Army, acting through the Chief of Engineers, is authorized and directed to transfer to the State of Washington, as a part of project costs, an amount not to exceed $696,000 for construction of fish hatchery facilities for prevention of losses of natural spawning areas for anadromous trout occasioned by project construction.</content> </section> <section class="firstIndent1 fontsize10"> <num value="48"><inline class="smallCaps">Sec</inline>. 48. </num> <content class="inline">Section 7 of the River Basin Monetary Authorization and Miscellaneous Civil Works Amendment Act of 1970 ( 84 Stat. 310) is hereby amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="7">“<inline class="smallCaps">Sec</inline>. 7. </num> <content class="inline">That the project for Libby Dam, Kootenai River, Montana,<sidenote><p class="firstIndent1 fontsize8">Libby Dam project, Kootenai River, Mont., modification.</p></sidenote> is hereby modified to provide that an amount not to exceed $4,000,000 may be used for the construction of fish production measures in compensation for fish losses attributed to the project, and for the acquisition of necessary real estate, construction of access roads and utilities, and performance of services related thereto, as deemed appropriate by the Secretary of the Army, acting through the Chief of Engineers.”.</content> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="49"><inline class="smallCaps">Sec</inline>. 49. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The project for Libby Dam. Kootenai River, Montana,<sidenote><p class="firstIndent1 fontsize8">Land acquisition.</p></sidenote> authorized by the Flood Control Act approved May 17, 1950 (64 Stat. 170). is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to acquire not more than twelve thousand acres of land for the prevention of wildlife grazing losses caused by the project.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary is further authorized and directed to convey without<sidenote><p class="firstIndent1 fontsize8">State of Montana, land conveyance.</p></sidenote> monetary consideration, to the State of Montana all right, title, and interest of the United States in the land acquired under subsection (a), for use for wildlife grazing purposes. The deed of conveyance shall provide that the land shall revert to the United States in the event it ever ceases to be used for wildlife grazing purposes.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">There is authorized to be appropriated not to exceed $2,000,000<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> to carry out the provisions of this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="50"><inline class="smallCaps">Sec</inline>. 50. </num> <content class="inline">The project for Libby Dam (Lake Koocanusa), Montana,<sidenote><p class="firstIndent1 fontsize8">Libby Dam project, modification.</p></sidenote> authorized by the Flood Control Act approved May 17, 1950 ( 64 Stat. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to reimburse Boundary County, Idaho, for the cost incurred to elevate, relocate, or reconstruct the bridge, located at the mouth of Deep Creek as it joins the Kootenai River, made necessary by the duration of higher flows during drawdown operations at Libby Dam. There is authorized to<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> be appropriated not to exceed $350,000 for the purposes of this section.</content> </section> <page identifier="/us/stat/88/26">88 <inline class="smallCaps">Stat</inline>. 26</page> <section class="firstIndent1 fontsize10"> <num value="51"><inline class="smallCaps">Sec</inline>. 51. </num><sidenote><p class="firstIndent1 fontsize8">East River, N.Y.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s59c–2">33 USC 59c–2</ref>.</p></sidenote> <content class="inline">If the Secretary of the Army, acting through the Chief of Engineers, finds that the proposed project to be erected at the location to be declared non-navigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of the bulkheading and filling and permanent pile-supported structures in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p></sidenote>pursuant to the National Environmental Policy Act of 1969. then those portions of the East River in New York County, State of New York, bounded and described as follows are hereby declared to be not navigable waters of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given to the filling in of all or any part thereof or the erection of permanent pile-supported structures thereon: That portion of the East River in New York County, State of New York, lying shoreward of a line with the United States pierhead line as it exists on the date of the enactment of this Act, bounded on the north by the south side of Rutgers Slip extended easterly, and bounded on the south by the southeasterly border of Battery Park at a point adjacent to the westerly end of South Street extended south by southwest, is hereby declared to be non-navigable waters of the United States. This declaration shall apply only to portions of the above-described area which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief <sidenote><p class="firstIndent1 fontsize8">Reimbursement to Federal agencies.</p></sidenote>of Engineers. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="52"><inline class="smallCaps">Sec</inline>. 52. </num><sidenote><p class="firstIndent1 fontsize8">Cape Fear, N.C., project modification.</p></sidenote> <content class="inline">The project for hurricane-flood control protection from Cape Fear to the North Carolina-South Carolina State line, North Carolina, authorized by the Flood Control Act of 1966 (80 Stat. 1418, 1419) is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers. may enter into an agreement with non-Federal public bodies to provide for reimbursement of installation costs incurred by such bodies, or an equivalent reduction in the contributions they are otherwise required to make, or a combination thereof, in an amount not to exceed $2,000,000 for work to be performed in the project, subject to the provisions of subsections (b) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5a">42 USC 1962d–5a</ref>.</p></sidenote>through (e) of section 215 of the Flood Control Act of 1968.</content> </section> <section class="firstIndent1 fontsize10"> <num value="53"><inline class="smallCaps">Sec</inline>. 53. </num><sidenote><p class="firstIndent1 fontsize8">Grand River, Mo.-Iowa, project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/79/1080">79 Stat. 1080</ref>.</p></sidenote> <content class="inline">The project for flood protection on the Grand River and tributaries. Missouri and Iowa, authorized by the Flood Control Act of 1965 is hereby modified to authorize and direct the Chief of Engineers to proceed immediately with the engineering and design of the Pattonsburg Lake project as presently authorized subject to such modifications as are determined desirable by the Chief of Engineers on the basis of results of a review of the authorized Grand River Basin plan of development including consideration of the current justification and feasibility of advance Federal participation in construction of the I-35 highway crossing of the river and of including power facilities during the project construction. Such inclusion of power facilities <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>shall be subject to submission of a feasibility report to the Congress and subsequent congressional action thereon.</content> </section> <section class="firstIndent1 fontsize10"> <num value="54"><inline class="smallCaps">Sec</inline>. 54. </num><sidenote><p class="firstIndent1 fontsize8">Shoreline Erosion Control Act of 1974.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">This section may be cited as the “<shortTitle role="section">Shoreline Erosion Control Demonstration Act of 1974</shortTitle>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Congress finds that because of the importance and increasing interest in the coastal and estuarine zone of the United States, the deterioration of the shoreline within this zone due to erosion, the harm to water quality and marine life from shoreline erosion, the loss of recreational potential due to such erosion, the financial loss to private <page identifier="/us/stat/88/27">88 <inline class="smallCaps">Stat</inline>. 27</page>and public landowners resulting from shoreline erosion, and the inability of such landowners to obtain satisfactory financial and technical assistance to combat such erosion, it is essential to develop, demonstrate, and disseminate information about low-cost means to prevent and control shoreline erosion. It is therefore the purpose of this section to authorize a program to develop and demonstrate such means to combat shoreline erosion.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary of the Army, acting through the Chief of<sidenote><p class="firstIndent1 fontsize8">National shoreline erosion control development and demonstration program.</p></sidenote> Engineers, shall establish and conduct for a period of five fiscal years a national shoreline erosion control development and demonstration program. The program shall consist of planning, constructing, operating. evaluating, and demonstrating prototype shoreline erosion control devices, both engineered and vegetative.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The program shall be carried out in cooperation with the Secretary of Agriculture, particularly with respect to vegetative means of preventing and controlling shoreline erosion, and in cooperation with Federal, State, and local agencies, private organizations, and the Shoreline Erosion Advisory Panel established pursuant to subsection (d).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Demonstration projects established pursuant to this section shall emphasize the development of low-cost shoreline erosion control devices located on sheltered or inland waters. Such projects shall be undertaken at no less than two sites each on the shorelines of the Atlantic, Gulf and Pacific coasts, the Great Lakes, and the State of Alaska, and at locations of serious erosion along the shores of Delaware Bay, particularly at those reaches known as Pickering Beach, Kitts Hummock, Bowers, Slaughter Beach, Broadkill Beach, and Lewes in the State of Delaware. Sites selected should, to the extent possible, reflect a variety of geographical and climatic conditions.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Such demonstration projects may be carried out on private or public lands except that no funds appropriated for the purpose of this section may be expended for the acquisition of privately owned lands. In the case of sites located on private or non-Federal public lands, the demonstration projects shall be undertaken in cooperation with a non-Federal sponsor or sponsors who shall pay at least. 25 per centum of construction costs at each site and assume operation and maintenance costs upon completion of the project.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No later than one hundred and twenty days after the date<sidenote><p class="firstIndent1 fontsize8">Shoreline Erosion Advisory Panel.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> of enactment of this section the Chief of Engineers shall establish a Shoreline Erosion Advisory Panel. The Chief of Engineers shall appoint fifteen member’s to such Panel from among individuals who are knowledgeable with respect to various aspects of shoreline erosion, with representatives from various geographical areas, institutions of higher education, professional organizations. State and local agencies, and private organizations, except that such individuals shall not be regular full-time employees of the United States. The Panel shall meet arid organize within ninety days from the date of its establishment, and shall select a Chairman from among its members. The Panel shall then meet at least once each six months thereafter and shall expire ninety days after termination of the five-year program established pursuant to subsection (c).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">The Panel shall—<sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote></chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">advise the Chief of Engineers generally in carrying out provisions of this section:</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">recommend criteria for the selection of development and demonstration sites;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">recommend alternative institutional, legal, and financial arrangements necessary to effect agreements with non-Federal sponsors of project sites;</content> </subparagraph> <page identifier="/us/stat/88/28">88 <inline class="smallCaps">Stat</inline>. 28</page> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">make periodic reviews of the progress of the program pursuant to this section;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">recommend means by which the knowledge obtained from the project may be made readily available to the public; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">perform such functions as the Chief of Engineers may designate.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote>(3) </num> <content class="inline">Members of the Panel shall, while serving on business of the Panel, be entitled to receive compensation at rates fixed by the Chief of Engineers, but not in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>title 5 of the United States Code, including traveltime and while away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5703">5 USC 5703</ref>.</p></sidenote>by law (5 U.S.C. 73o–2) for persons in Government service employed intermittently.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Technical assistance.</p></sidenote>(4) </num> <content class="inline">The Panel is authorized, without regard to the civil service laws, to engage such technical and other assistance as may be required to carry out its functions.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Reports to congressional committees.</p></sidenote>(e) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, shall prepare and submit annually a program progress report, including therein contributions of the Shoreline Erosion Advisory Panel, to the Committees on Public Works of the Senate and House of Representatives. The fifth and final report shall be submitted sixty days after the fifth fiscal year of funding and shall include a comprehensive evaluation of the national shoreline erosion control development and demonstration program.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(f) </num> <content class="inline">There is authorized to be appropriated for the first fiscal year following enactment of this section, and the succeeding four fiscal years, a total of not to exceed $8,000,000 to carry out the provisions of this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="55"><inline class="smallCaps">Sec</inline>. 55. </num><sidenote><p class="firstIndent1 fontsize8">Technical and engineering assistance.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5 note</ref>.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized to provide technical and engineering assistance to non-Federal public interests in developing structural and non-structural methods of preventing damages attributable to shore and streambank erosion.</content> </section> <section class="firstIndent1 fontsize10"> <num value="56"><inline class="smallCaps">Sec</inline>. 56. </num><sidenote><p class="firstIndent1 fontsize8">Libby Dam, Mont., project modification.</p></sidenote> <content class="inline">The project for Libby Dam (Lake Koocanusa), Montana, authorized by the Flood Control Act approved May 17, 1950 (64 Stat. 170), is hereby modified to provide that the Secretary of the Army, acting through the Chief of Engineers, is authorized to compensate the drainage districts and owners of leveed and unleveed tracts, in Kootenai Flats, Boundary County, Idaho, for modification to facilities including gravity drains, structures, pumps, and additional pumping operational costs made necessary by, and crop and other damages resulting from, the duration of higher flows during drawdown operations at Libby Dam, except that the total of all such compensation shall not exceed $1,500,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="57"><inline class="smallCaps">Sec</inline>. 57. </num><sidenote><p class="firstIndent1 fontsize8">Presque Isle Peninsula, Pa., project extension.</p></sidenote> <content class="inline">The authorization for the beach erosion control project for Presque Isle Peninsula, Erie, Pennsylvania, as provided in section 101 of the River and Harbor Act of 1960 (74 Stat. 480) is reinstated and extended under the terms existing immediately prior to the termination of such authorization, for a period of five years from the date of enactment of this Act, or if the review study of such project being carried out by the Secretary of the Army is not completed prior to <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>the end of such period, until such study is completed and a report thereon submitted to the Congress. There is authorized to be appropriated not to exceed $3,500,000 to carry out this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="58"><inline class="smallCaps">Sec</inline>. 58. </num><sidenote><p class="firstIndent1 fontsize8">Atchafalaya River, La., project modification.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The project for navigation in the Atchafalaya River and Bayous Chene, Boeus, and Black, Louisiana, authorized by the River and Harbor Act of 1968 (82 Stat. 731) is hereby modified to <page identifier="/us/stat/88/29">88 <inline class="smallCaps">Stat</inline>. 29</page>provide that the non-Federal interests shall contribute 25 per centum of the costs of areas required for initial and subsequent, disposal of spoil, and of necessary retaining dikes, bulkheads, and embankments therefor.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The requirements for appropriate non-Federal interest or interests<sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (a) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipality, and other appropriate political subdivisions of the State and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of the dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="59"><inline class="smallCaps">Sec</inline>. 59. </num> <content class="inline">Notwithstanding any other provision of law, the States of<sidenote><p class="firstIndent1 fontsize8">Keokuk, Iowa, bridge.</p></sidenote> Illinois and Iowa, which are connected at Keokuk, Iowa, by the bridge constructed by the Keokuk and Hamilton Bridge Company pursuant to Public Law 342 of the Sixty-third Congress and at Burlington,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/38/1220">38 Stat. 1220</ref>.</p></sidenote> Iowa, by the bridge constructed by the Citizens’ Bridge Company, pursuant to Public Law 1 of the Sixty-fourth Congress are authorized<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/39/1">39 Stat. 1</ref>.</p></sidenote> to contract individually or jointly with either or both of the cities of Keokuk, Iowa, and Burlington, Iowa, on or before June 1, 1974, to assume responsibility for the operation, maintenance, and repair of the bridges at Keokuk and Burlington and the approaches thereto and for lawful expenses incurred in connection therewith. When either or both States have entered into such an agreement any outstanding principal and interest indebtedness on account of a bridge shall be paid from reserve funds accumulated for that purpose and the balance of such funds, if any, shall be used to defray costs of operating and maintaining the bridge. After such an agreement is entered into with respect to a bridge that bridge shall thereafter be free of tolls.</content> </section> <section class="firstIndent1 fontsize10"> <num value="60"><inline class="smallCaps">Sec</inline>. 60. </num> <content class="inline">The Secretary of the Army, acting through the Chief of<sidenote><p class="firstIndent1 fontsize8">Guyandot River Basin, W. Va., channel clearance.</p></sidenote> Engineers, is authorized and directed to perform channel cleanout operations and snagging and clearing for selected streams where chronic and persistent flood conditions exist in the lower Guyandot River Basin, West Virginia, for the purpose of improving channel capacities, visual environment, and human well-being all in the interest of flood control. Such operations shall be performed as an interim measure pending completion of the R. D. Bailey Lake project at a total cost not to exceed $2,000,000. Appropriate non-Federal interests as determined by the Secretary of the Army, acting through the Chief of Engineers, shall, prior to initiation of remedial operations, agree in accordance with the provisions of section 221 of the Flood Control Act of 1970 that they will furnish the necessary lands, disposal areas, easements,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5b">42 USC 1962d–5b</ref>.</p></sidenote> and rights-of-way, and hold and save the United States free from damages due to the cleanout operations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="61"><inline class="smallCaps">Sec</inline>. 61. </num> <chapeau class="inline">Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>$25,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$30,000,000</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>advisable:</quotedText>” and all that follows down through and including the period at the end of such section and insert in lieu thereof the following: “<quotedText>advisable. The amount allotted for a project shall be sufficient to complete Federal participation in the project. Not more than $1,000,000 shall be allotted under this section for a project at any single locality, except that <page identifier="/us/stat/88/30">88 <inline class="smallCaps">Stat</inline>. 30</page>not more than $2,000,000 shall be allotted under this section for a project at a single locality if such project protects an area which has been declared to be a major disaster area pursuant to the Disaster <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4401">42 USC 4401 note</ref>.</p></sidenote>Relief Act of 1966 or the Disaster Relief Act of 1970 in the five-year period immediately preceding the date the Chief of Engineers deems such work advisable. The provisions of local cooperation specified in section 3 of the Flood Control Act of June <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701c">33 USC 701c</ref>.</p></sidenote>22, 1936, as amended, shall apply. The work shall be complete in itself and not commit the United States to any additional improvement to insure its successful operation, except as may result from the normal procedure applying to projects authorized after submission of preliminary examination and survey reports.</quotedText>” </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="62"><inline class="smallCaps">Sec</inline>. 62. </num><sidenote><p class="firstIndent1 fontsize8">Big Sandy River, Ky.-W. Va., dam repair.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineer’s, is authorized to perform such work as may be necessary to provide for the repair and conversion to a fixed-type structure of dam numbered 3 on the Big Sandy River, Kentucky and West Virginia.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The work authorized by this section shall have no effect on the condition that local interests shall own. operate, and maintain the structure and related properties as required by the Act of August 6, 1956 (70 Stat. 1062).</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(c) </num> <content class="inline">There is authorized to be appropriated not to exceed $330,000 to carry out this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="63"><inline class="smallCaps">Sec</inline>. 63. </num><sidenote><p class="firstIndent1 fontsize8">Texas City, Tex., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/82/742">82 Stat. 742</ref>.</p></sidenote> <content class="inline">The project for hurricane-flood control at Texas City and vicinity, Texas, authorized by the Flood Control Act approved August 13, 1968, is hereby modified to provide that the non-Federal interests shall have until July 1, 1974, to provide the assurances of local cooperation required in accordance with the recommendations of the Chief of Engineers in House Document Numbered 187, Ninetieth Congress.</content> </section> <section class="firstIndent1 fontsize10"> <num value="64"><inline class="smallCaps">Sec</inline>. 64. </num> <content class="inline">Subsection (b) of section 206 of the Flood Control Act of 1960, as amended (33 U.S.C. 709a), is further amended by striking out “<quotedText>$11,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$15,000,000</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="65"><inline class="smallCaps">Sec</inline>. 65. </num><sidenote><p class="firstIndent1 fontsize8">Reservoir projects, water storage.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1252a">33 USC 1252a</ref>.</p></sidenote> <content class="inline">In the case of any reservoir project authorized for construction by the Corps of Engineers, Bureau of Reclamation, or other Federal agency when the Administrator of the Environmental Protection Agency determines pursuant to section 102(b) of the Federal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1252">33 USC 1252</ref>.</p></sidenote>Water Pollution Control Act that any storage in such project for regulation of streamflow for water quality is not needed, or is needed in a different amount, such project may be modified accordingly by the head of the appropriate agency, and any storage no longer required for water quality may be utilized for other authorized purposes of the project when, in the opinion of the head of such agency, such use is <sidenote><p class="firstIndent1 fontsize8">Modification restrictions.</p></sidenote>justified. Any such modification of a project where the benefits attributable to water quality are 15 per centum or more but not greater than 25 per centum of the total project benefits shall take effect only upon the adoption of resolutions approving such modification by the appropriate committees of the Senate and House of Representatives. The provisions of the section shall not apply to any project where the benefits attributable to water quality exceed 25 per centum of the total project benefits.</content> </section> <section class="firstIndent1 fontsize10"> <num value="66"><inline class="smallCaps">Sec</inline>. 66. </num><sidenote><p class="firstIndent1 fontsize8">Little Calumet River, Ill., channel debris removal.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake measures to clear the channel of the main channel of the Little Calumet River, Illinois, from its confluence with the Calumet-Sag channel eastward to Indiana State line, of fallen trees, roots, silt, and other debris and objects which contribute to flooding, unsightliness, and pollution of the river.</content> </subsection> <page identifier="/us/stat/88/31">88 <inline class="smallCaps">Stat</inline>. 31</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Prior to initiation of measures authorized by this section, such non-Federal interests as the Secretary of the Army, acting through the Chief of Engineers, may require snail agree to such conditions of cooperation as the Secretary of the Army, acting through the Chief of Engineers, determines appropriate, except that such conditions shall be similar to those required for similar project purposes in other Federal waste resources projects.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="67"><inline class="smallCaps">Sec</inline>. 67. </num> <content class="inline">The project for navigation at Murrells Inlet, South Carolina,<sidenote><p class="firstIndent1 fontsize8">Murrells Inlet, S.C., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5</ref>.</p></sidenote> authorized under provisions of section 201 of the Flood Control Act of October 27, 1965 (Public Law 89–298), is hereby modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to perform such emergency dredging operations as the Chief of Engineers determines necessary to maintain channel depths sufficient to permit free and safe movement of vessels until such time as the authorized project is constructed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="68"><inline class="smallCaps">Sec</inline>. 68. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Army, acting through the Chief<sidenote><p class="firstIndent1 fontsize8">Lower Rio Grande Basin, Tex.</p></sidenote> of Engineers, is authorized to undertake the phase 1 design memorandum stage of advanced engineering and design of the project involving the Willacy-Hidalgo Floodwater Bypass, the Laguna Madre Flood-water Channel, and the North Floodway Channel in the Lower Rio Grande Basin, in Willacy, Hidalgo, and Cameron Counties, Texas, substantially in accordance with the recommendations for phase I contained in the comprehensive study and plan of development. Lower Rio Grande Basin, Texas, dated July 1969, prepared by the United States Department of Agriculture in cooperation with the Texas Water Development Board, the Texas State Soil and Water Conservation Board, and the Texas Water Rights Commission, at an estimated Federal cost of $600,000.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary of the Army, in cooperation with the Secretary of Agriculture, shall seek reasonable assurances that an adequate land treatment program satisfactory to the Secretary of Agriculture will be installed to provide necessary protection to the watershed lands and planned structural measures; that non-Federal entities will acquire all land rights needed in connection with the construction of the works of improvement authorized by this section; and that such entities will operate and maintain any upstream structural works of improvement on non-Federal lands.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Notwithstanding any other provision of law or regulation, the<sidenote><p class="firstIndent1 fontsize8">Draft environmental impact statement.</p></sidenote> draft environmental impact statement prepared on such works of improvement by the Soil Conservation Service pursuant to section 102 (2)(C) of the National Environmental Policy Act shall constitute the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4332">42 USC 4332</ref>.</p></sidenote> draft environmental impact statement on such works as authorized by this section, and such draft statement shall be circulated to Federal agencies and other appropriate parties at such time as the Secretary of the Army directs.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="69"><inline class="smallCaps">Sec</inline>. 69. </num> <content class="inline">The project for beach erosion control and hurricane (tidal<sidenote><p class="firstIndent1 fontsize8">Dade County, Fla., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/82/740">82 Stat. 740</ref>.</p></sidenote> flooding) protection in Dade County, Florida, authorized by section 203 of the Flood Control Act of August 13, 1968 (Public Law 90–483). is hereby modified to provide for initial construction by non-Federal interests, and for subsequent future nourishment by Federal or non-Federal interests, of the 0.85-mile project segment immediately south of Baker’s Haulover Inlet, and for reimbursement of the applicable Federal share of those project costs as originally authorized. Federal reimbursement shall be contingent upon approval by the Chief of Engineers, prior to commencement of the work, of the detailed plans and specifications for accomplishing the work as being in accordance with the authorized project.</content> </section> <page identifier="/us/stat/88/32">88 <inline class="smallCaps">Stat</inline>. 32</page> <section class="firstIndent1 fontsize10"> <num value="70"><inline class="smallCaps">Sec</inline>. 70. </num> <content class="inline">Section 107(b) of the River and Harbor Act of 1970 (84 Stat. 1818, 1820) is hereby amended by deleting “<quotedText>July 30, 1974</quotedText>” and inserting in lieu thereof “<quotedText>December 31, 1976</quotedText>”, and deleting “$6,500,000” and inserting in lieu thereof “<quotedText>$9,500,000</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="71"><inline class="smallCaps">Sec</inline>. 71. </num><sidenote><p class="firstIndent1 fontsize8">Corpus Christi, Tex., ship channel.</p><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, shall submit to the Congress not later than June 30, 1974, the survey report authorized by resolution of the Committee on Public Works, House of Representatives, dated October 12, 1972, concerning a modification of the Corpus Christi ship channel, Texas, project to provide increased depths and widths in the entrance channels from the Gulf of Mexico to a deeper draft inshore port in the vicinity of Harbor Island, Texas, and shall complete the advanced engineering and design for such modification by June 30, 1975. Such advanced engineering and design may be accomplished prior to authorization of the modification. The Secretary of the Army, acting through the Chief of Engineers, is authorized to accept funds made available by non-Federal interests and to expend such funds for the preparation of the survey report and accomplishment of the advanced engineering and design authorized and directed by this section. Such funds shall be repaid to such non-Federal interests out of moneys appropriated for construction of the modification.</content> </section> <section class="firstIndent1 fontsize10"> <num value="72"><inline class="smallCaps">Sec</inline>. 72. </num><sidenote><p class="firstIndent1 fontsize8">East Rockaway Inlet, N.Y., project modification.</p></sidenote> <content class="inline">The project for hurricane-flood protection and beach erosion control at East Rockaway Inlet to Rockaway Inlet and Jamaica Bay, New York, authorized by the Flood Control Act of 1965 (79 Stat. 1073), is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to commence work on the beach erosion control aspect of the project, independently of the hurricane-flood protection aspect of the project. Construction of the beach erosion control aspect of the project may commence following the completion of environmental studies regarding that aspect, conducted <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p></sidenote>pursuant to the National Environmental Policy Act of 1969. Nothing herein shall increase or reduce the percentage of total costs of the entire project to be contributed by the affected non-Federal interests.</content> </section> <section class="firstIndent1 fontsize10"> <num value="73"><inline class="smallCaps">Sec</inline>. 73. </num><sidenote><p class="firstIndent1 fontsize8">Flood protection projects, non-structural alternatives.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701b–11">33 USC 701b–11</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In the survey, planning, or design by any Federal agency of any project involving flood protection, consideration shall be given to nonstructural alternatives to prevent or reduce flood damages including, but not limited to, floodproofing of structures; flood plain regulation; acquisition of flood plain lands for recreational, fish and wildlife, and other public purposes; and relocation with a view toward formulating the most economically, socially, and environmentally acceptable means of reducing or preventing flood damages.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Where a nonstructural alternative is recommended, non-Federal participation shall be comparable to the value of lands, easements, and rights-of-way which would have been required of non-Federal interests under section 3 of the Act of June 27, 1936 (Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s701c">33 USC 701c</ref>.</p></sidenote>Numbered 738, Seventy-fourth Congress), for structural protection measures, but in no event shall exceed 20 per centum of the project costs.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="74"><inline class="smallCaps">Sec</inline>. 74. </num><sidenote><p class="firstIndent1 fontsize8">Arkansas-Red River Basin, project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/80/1420">80 Stat. 1420</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/1825">84 Stat. 1825</ref>.</p></sidenote> <content class="inline">The project for water quality control in the Arkansas-Red River Basin, Texas, Oklahoma, and Kansas, authorized by the Flood Control Acts of 1966 and 1970, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers to initiate construction of the area VIII feature of the project, consisting of a low-flow dam, pumping station and pipeline, and a brine dam. prior to the approval required by section 201 of the Flood Control Act of 1970.</content> </section> <section class="firstIndent1 fontsize10"> <num value="75"><inline class="smallCaps">Sec</inline>. 75. </num><sidenote><p class="firstIndent1 fontsize8">Visitor protection services, study.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5 note</ref>.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to study the need for and means of providing visitor protection services at water resources develop-<page identifier="/us/stat/88/33">88 <inline class="smallCaps">Stat</inline>. 33</page>ment projects under the jurisdiction of the Department of the Army, and to report thereon to the Congress, with his recommendations, not<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> later than December 31, 1974.</content> </section> <section class="firstIndent1 fontsize10"> <num value="76"><inline class="smallCaps">Sec</inline>. 76. </num> <content class="inline">The paragraph of section 209 of the Flood Control Act<sidenote><p class="firstIndent1 fontsize8">Great South Bay, N.Y.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/80/1424">80 Stat. 1424</ref>.</p></sidenote> of 1966, Public Law 89–789, authorizing and directing the Secretary of the Army, acting through the Chief of Engineer’s, to conduct a survey of the Great South Bay, New York, is amended to rend as follows: <quotedContent> <p class="firstIndent1 fontsize10">“Great South Bay, New York, including the waters of adjoining lesser bays and inlets with respect to water utilization and control. Such investigations and study shall include, but not be limited to, navigation, fisheries, flood control, control of noxious weeds, water pollution, water quality control, beach erosion, and recreation. Such<sidenote><p class="firstIndent1 fontsize8">Survey, report to Congress.</p></sidenote> survey shall be provided to the Congress by July 31, 1975, and shall include, the use of a comprehensive computer model.”</p> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="77"><inline class="smallCaps">Sec</inline>. 77. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Federal Water Project Recreation Act (79 Stat. 213) is hereby amended as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–12">16 USC 460<i>l</i>–12</ref>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Strike out “<quotedText>and to bear not less than one-half the separable costs of the project allocated to either or both of said purposes, as the case may be</quotedText>” in section 2(a) and insert in lieu thereof “<quotedText>and to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–13">16 USC 460<i>l</i>–13</ref>.</p></sidenote> bear not less than one-half the separable costs of the project allocated to recreation, and to bear one-quarter of such costs allocated to fish and wildlife enhancement</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Strike out “<quotedText>not more than one-half the separable costs</quotedText>” in section 2(a)(3) and insert in lieu thereof “<quotedText>not more than one-half the separable costs of the project allocated to recreation and exactly three-quarters of such costs allocated to fish and wildlife enhancement</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Strike out “<quotedText>bear not less than one-half the costs of lands, facilities,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–14">16 USC 460<i>l</i>–14</ref>.</p></sidenote> and project modifications provided for either or both of those purposes, as the ease may be</quotedText>” in section 3(b)(1) and insert in lieu thereof “<quotedText>bear not less than one-half the costs of lands, facilities, and project modifications provided for recreation, and will bear one-quarter of such costs for fish and wildlife enhancement</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by this section shall apply to all projects<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–13">16 USC 460<i>l</i>–13 note</ref>.</p></sidenote> the construction of which is not substantially completed on the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Tn the case of any project (1) authorized subject to specific cost-sharing<sidenote><p class="firstIndent1 fontsize8">Cost-sharing requirements.</p></sidenote> requirements which were based on the same percentages as those established in the Federal Water Project Recreation Act, and (2) construction of which is not substantially completed on the date<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–13">16 USC 460l–13 note</ref>.</p></sidenote> of enactment of this Act, the cost-sharing requirements for such project shall be the same percentages as are established by the amendments made by subsection (a) of this section for projects which are subject to the Federal Water Project Recreation Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="78"><inline class="smallCaps">Sec</inline>. 78. </num> <content class="inline">The project for flood protection on Indian Bend Wash,<sidenote><p class="firstIndent1 fontsize8">Indian Bend Wash, Maricopa Co., Ariz., project modification.</p></sidenote> Maricopa County, Arizona, authorized by the Flood Control Act of 1965 (79 Stat. 1083) is hereby modified to provide that all costs of the siphon system from the Arizona Canal, required to be provided in connection with the relocation of irrigation facilities shall be paid by the United States.</content> </section> <section class="firstIndent1 fontsize10"> <num value="79"><inline class="smallCaps">Sec</inline>. 79. </num> <content class="inline">The multi-purpose plan for the improvement of the<sidenote><p class="firstIndent1 fontsize8">Arkansas River and tributaries.</p></sidenote> Arkansas River and tributaries, authorized by the River and Harbor Act of July 24, 1946, as amended and modified, is hereby further<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/60/640">60 Stat. 640</ref>.</p></sidenote> amended to authorize the Secretary of the Army, acting through the Chief of Engineers, to reassign the storage provided in the Oologah Reservoir for hydroelectric power production to municipal and industrial water supply and to make such storage available for such purposes under the Water Supply Act of 1958, as amended.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s390b">43 USC 390b note</ref>.</p></sidenote></content> </section> <page identifier="/us/stat/88/34">88 <inline class="smallCaps">Stat</inline>. 34</page> <section class="firstIndent1 fontsize10"> <num value="80"><inline class="smallCaps">Sec</inline>. 80. </num><sidenote><p class="firstIndent1 fontsize8">Interest rate formula.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–17">42 USC 1962d–17</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The interest rate formula to be used in plan formulation and evaluation for discounting future benefits and computing costs by Federal officers, employees, departments, agencies, and instrumentalities in the preparation of comprehensive regional or river basin plans and the formulation and evaluation of Federal water and related land resources projects shall be the formula set forth in the “Policies, Standards, and Procedures in the Formulation, Evaluation, and Review of Plans for Use and Development of Water and Related Land Resources” approved by the President on May 15, 1962, and published as Senate Document 97 of the Eighty-seventh Congress on May 29, 1962, as amended by the regulation issued by the Water Resources Council and published in the Federal Register on December 24, 1968 (33 F.R. 19170; 18 C.F.R. 704.39), until otherwise provided by a statute enacted after the date of enactment of this Act. <sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote>Every provision of law and every administrative action in conflict with this section is hereby repealed to the extent of such conflict.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Certain projects non-Federal payments, discount rate.</p></sidenote>(b) </num> <content class="inline">In the case of any project authorized before January 3, 1969, if the appropriate non-Federal interests have, prior to December 31, 1969, given satisfactory assurances to pay the required non-Federal share of project costs, the discount rate to be used in the computation of benefits and costs for such project shall be the rate in effect immediately prior to December 24, 1968, and that rate shall continue to be used tor such project until construction has been completed, unless otherwise provided by a statute enacted after the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Water and related resources projects, Presidential study.</p></sidenote>(c) </num> <content class="inline">The President shall make a full and complete investigation and study of principles and standards for planning and evaluating water and related resources projects. Such investigation and study shall include, but not be limited to. consideration of enhancing regional economic development, the quality of the total environment including its protection and improvement, the well-being of the people of the United States, and the national economic development, as objectives to be included in federally-financed water and related resources projects and in the evaluation of costs and benefits attributable to such projects, as intended in section 209 of the Flood Control Act of 1970 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962–2">42 USC 1962–2</ref>.</p></sidenote>(84 Stat. 1818.1829). the interest rate formula to be used in evaluating and discounting future benefits for such projects, and appropriate <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>Federal and non-Federal cost sharing for such projects. He shall report the results of such investigation and study, together with his recommendations, to Congress not later than one year after funds are first, appropriated to carry out this subsection.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="81"><inline class="smallCaps">Sec</inline>. 81. </num><sidenote><p class="firstIndent1 fontsize8">Duluth, Minn., Great Lakes model.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to study the feasibility and practicality of constructing, operating, and maintaining in the vicinity of Duluth. Minnesota, a hydraulic model of all or a part of the Great Lakes and their connecting channels and an associated technical <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>center, and to report thereon to Congress with recommendations not later than June 30, 1976.</content> </section> <section class="firstIndent1 fontsize10"> <num value="82"><inline class="smallCaps">Sec</inline>. 82. </num> <chapeau class="inline">Section 5 of the Flood Control Act approved August 18, 1941, as amended (33 U.S.C. 701 n), is amended as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The first sentence is amended by striking out “<quotedText>in the amount of $15.000.000</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Clean drinking water, emergency supplies.</p></sidenote>(2) </num> <content class="inline">By inserting immediately after the first sentence the following new sentence: “<quotedText>The Chief of Engineers, in the exercise of his discretion, is further authorized to provide emergency supplies of clean drinking water, on such terms as he determines to be advisable, to any locality which he finds is confronted with a source of contaminated drinking water causing or likely to cause a substantial threat to the public health and welfare of the inhabitants of the locality.</quotedText>”</content> </paragraph> <page identifier="/us/stat/88/35">88 <inline class="smallCaps">Stat</inline>. 35</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The proviso in the next to the last sentence is amended by striking out “<quotedText>of said sum,</quotedText>” and inserting in lieu thereof the following: “<quotedText>of sums to such emergency fund,</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="83"><inline class="smallCaps">Sec</inline>. 83. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The project for Bonneville Lock and Dam, Columbia<sidenote><p class="firstIndent1 fontsize8">Bonneville Lock and Dam, Columbia River, Oreg, and Wash.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s540">33 USC 540 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s832">16 USC 832</ref>.</p></sidenote> River, Oregon and Washington, authorized by the Act of August 30, 1935 (49 Stat. 1028) and the Act of August 20, 1937 (50 Stat. 731) is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, in connection with the construction of the Bonneville second powerhouse, to relocate the town of North Bonneville, Washington, to a new townsite.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">As part of such relocation, the Secretary of the Army, acting<sidenote><p class="firstIndent1 fontsize8">North Bonneville, Wash., relocation.</p></sidenote> through the Chief of Engineers, is authorized to cooperate in the planning of a new town with other Federal agencies and appropriate non-Federal interests; to acquire lands necessary for the new town and to convey title to said lands to individuals, business or other entities, and to the town as appropriate; and to construct a central sewage collection and treatment facility and other necessary municipal facilities.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The compensation paid to any individual or entity for the taking of property under this section shall be the amount due such individual or entity under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 less the fair market<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4601">42 USC 4601 note</ref>.</p></sidenote> value of the real property conveyed to such individual or entity in the new town. Municipal facilities provided under the authority of this section shall be substitute facilities which serve reasonably as well as those in the existing town of North Bonneville except that they shall be constructed to such higher standards as may be necessary to comply with applicable Federal and State laws. Additional facilities may be constructed, or higher standards utilized, only at the expense of appropriate non-Federal interests.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Before the Secretary of the Army acquires any real property for the new townsite appropriate non-Federal interests shall furnish binding contractual commitments that all lots in the new townsite will be either occupied when available, will be replacements for open space and vacant lots in the existing town, or will be purchased by non-Federal interests at the fair market value.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="84"><inline class="smallCaps">Sec</inline>. 84. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The project for flood protection on Fourmile Run, city<sidenote><p class="firstIndent1 fontsize8">Fourmile Run, Va., flood protection.</p></sidenote> of Alexandria and Arlington County, Virginia, approved by resolutions of the Committees on Public Works of the United States Senate and House of Representatives; dated June 25, 1970, and July 14, 1970, respectively, in accordance with the provisions of section 201 of the Flood Control Act of 1965 (Public Law 84–298), is hereby modified to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5">42 USC 1962d–5</ref>.</p></sidenote> incorporate the following:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">A channel capacity sufficient to accommodate flood flows of twenty-seven thousand cubic feet per second;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">An increase in channel bottom widths along Fourmile Run from one hundred seventy-five to two hundred feet from Mount Vernon Avenue to Long Branch and from one hundred fifty to one hundred seventy-five feet above Long Branch, and, along Long Branch, from forty to sixty feet.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The deletion of the pumping stations, ponding areas, and levees, except for a short levee on Long Branch, and the substitution therefor of bank retention structures, including walls where required due to space limitations, and flood proofing by non-Federal interests of existing and future structures as necessary to provide protection against a one hundred-year flood;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The addition of recreation as a project feature, including pedestrian and bicycle trails, active and passive recreation areas, picnic areas, and protection of existing marshland area.</content> </paragraph> </subsection> <page identifier="/us/stat/88/36">88 <inline class="smallCaps">Stat</inline>. 36</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">Prior to initiation of construction of this project, appropriate non-federal interests shall agree to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">provide without cost to the United States all lands, easement, and rights-of-way necessary for construction of the project;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">accomplish without cost to the United States all relocations and alterations to existing improvements, other than railroads and the George Washington Memorial Parkway Bridge, which may be required by the construction works, including the reconstruction of the existing United States Route 1 highway bridge with its approach ramps;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">hold and save the United States free from damages due to the construction works;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">maintain and operate all the works after completion in accordance with regulations prescribed by the Secretary of the Army;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">prevent encroachment on the project flood channels that would decrease the effectiveness of the flood control improvement;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">provide at their own expense flood proofing of existing and future building and other measures as necessary to provide flood protection against a one hundred-year flood;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">develop a land management planning process acceptable to the Secretary of the Army for the entire watershed, including Arlington and Fairfax Counties and the cities of Alexandria and Falls Church, to insure that future development in the basin will not result in increased runoff which would impair the effectiveness of the flood control improvement;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">develop a land use management planning process satisfactory to the Secretary of the Army for the area protected by the project and other areas within the jurisdiction of the non-Federal interest or interests furnishing the cooperation for the project, which will insure, among other things, that future development will not be permitted in flood prone areas unless suitable structural or non-structural flood control measures are first undertaken by non-Federal public or private interests at no expense to the Federal Government;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <chapeau class="inline">contribute in cash toward construction of the project a sum estimated at $2,439.000, as follows:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">city of Alexandria—one-half of the cost of construction of the channels and floodwalls between Commonwealth Avenue and Interstate 95, in the city of Alexandria, or $1,500,000, whichever is greater,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">Arlington Comity—$500,000,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">Richmond, Fredericksburg, and Potomac Railroad Company—$439,000;</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">pay 50 per centum of the separable costs of the project allocated to recreation, consistent with the Federal Water Project Recreation Act (Public Law 89–72).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–12">16 USC 460<i>l</i>–12 note</ref>.</p><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(c) </num> <content class="inline">There is authorized to be appropriated to the Secretary of the Army for construction of the Fourmile Run project not to exceed $29,981,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuation in the cost of construction as indicated by engineering cost indexes applicable to the type of construction involved.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="85"><inline class="smallCaps">Sec</inline>. 85. </num><sidenote><p class="firstIndent1 fontsize8">Verona Dam and Lake, Va., and Sixes Bridge Dam and Lake, Md., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–7">42 USC 1962d–7 note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The projects for Verona Dam and Like. Virginia, and for Sixes Bridge Dam and Lake, Maryland, are hereby authorized substantially in accordance with the recommendations of the Secretary of the Army in Douse Document Numbered 91–343 as modified by the <page identifier="/us/stat/88/37">88 <inline class="smallCaps">Stat</inline>. 37</page>recommendations of the Chief of Engineers in his report dated July 13, 1973, except that such authorization shall he limited to the phase I design memorandum of advanced engineering and design, at an estimated cost of $1,100,000.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Prior to any further authorization of such Sixes Bridge<sidenote><p class="firstIndent1 fontsize8">Washington metropolitan area, future water needs, study.</p></sidenote> Dam Project, the Secretary of the Army, acting through the Chief of Engineers shall (A) make a full and complete investigation and Study of the future water resources needs of the Washington metropolitan area, including but not limited to the adequacy of present water supply, nature of present and future uses, the effect water pricing policies and use restrictions may have on future demand, the feasibility of utilizing water from the Potomac, estuary, all possible water impoundment sites, natural and recharged ground water supply, wastewater reclamation, and the effect such projects will have on fish, wildlife, and present beneficial uses, and shall provide recommendations based on such investigation and study for supplying such needs, and (B) report to the Congress the results of such investigation and<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> study together with such recommendations. The study of measures to meet the water supply needs of the Washington metropolitan area shall be coordinated with the Northeastern United States water supply study authorized by the Act of October 27, 1965 (79 Stat. 1073).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–4">42 USC 1962d–4</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, shall undertake, an investigation and study of the use of estuary waters to determine the feasibility of using such waters as a source of water supply and is authorized to construct, operate, and evaluate a pilot project on the Potomac estuary for the treatment of such waters at an estimated cost of $6,000,000. The Secretary of the Army, acting<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> through the Chief of Engineers, shall report to the Congress on the results of such project within three years after commencement of operation of such project and such report shall include the results of two years testing at the pilot project for the treatment of water from the Potomac estuary.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers,<sidenote><p class="firstIndent1 fontsize8">Review and report.</p></sidenote> shall request the National Academy of Sciences-National Academy of Engineering to review and by written report comment upon the scientific basis for the conclusions reached by the investigation and study of the future water resource needs of the Washington metropolitan area and the pilot project for the treatment of water from the Potomac estuary. Such review and written report shall be<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> completed and submitted to the Congress within one year following the completion of both the Corps of Engineer’s report on the future water resource needs of the Washington metropolitan area and the report on the results derived from the pilot project for the treatment of water from the Potomac estuary. Completion of such review and written report by the National Academy of Sciences-National Academy of Engineering shall be a condition of further authorization of such Sixes Bridge Dam Project.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Secretary of the Army is authorized to enter into appropriate arrangements with the National Academy of Sciences-National Academy of Engineering for the purpose of this subsection.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">There is authorized $1,000,000 for the purposes of carrying out<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> the provisions contained in paragraph (3) of subsection (b).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="86"><inline class="smallCaps">Sec</inline>. 86. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Army, acting through the Chief<sidenote><p class="firstIndent1 fontsize8">Dyke Marsh, Potomac River, restoration.</p></sidenote> of Engineers, is authorized to assist the National Park Service in the National Park Service’s program to plan for. design, and implement restoration of the. historical and ecological values of Dyke Marsh on the Potomac River. Such assistance may include, but need not be <page identifier="/us/stat/88/38">88 <inline class="smallCaps">Stat</inline>. 38</page>limited to, furnishing suitable fill material obtained from the Potomac River or its tributaries, its placement, upon request, and engineering and technical services.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Potomac River basin study, transmittal to Congress.</p></sidenote>(b) </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to make an investigation and study of the siltation and sedimentation problems of the Potomac River basin with particular emphasis on these problems as they exist in the Washington metropolitan area of the basin. This study is to be made in consultation with the Departments of Interior and Agriculture, the Environmental Protection Agency, and other interested Federal, State, and local entities and is to include, but need not be limited to, a description of the extent of such problems together with the Chief of Engineers’ recommendations on feasible and environmentally sound methods of removing polluted river bed materials to enhance water quality, recreation use, fish and wildlife, navigation, and the esthetics of the basin, as well as his recommendations on alternative methods <sidenote><p class="firstIndent1 fontsize8">Study, transmittal to Congress.</p></sidenote>and sites for the proper disposal of such materials. The Secretary of the Army shall transmit this study and the Chief of Engineers’ recommendations to the Congress no later than three years from the date of enactment of this Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="87"><inline class="smallCaps">Sec</inline>. 87. </num><sidenote><p class="firstIndent1 fontsize8">Mississippi River and tributaries, project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/49/1575/s1580">49 Stat. 1575, 1580</ref>.</p></sidenote> <content class="inline">The comprehensive plan for flood control and other purposes for the Mississippi River and tributaries, approved by the Flood Control Act of June 15, 1936. as amended, is hereby modified to provide, that the channel of Bavou Courtableau be enlarged from Washington to the west protection levee in lieu of the authorized Washington to Courtableau diversion, and that the right-of-way and spoil areas therefor be provided at Federal expense. Further, that additional culverts through the west protection levee be provided as necessary for the increased flow.</content> </section> <section class="firstIndent1 fontsize10"> <num value="88"><inline class="smallCaps">Sec</inline>. 88. </num><sidenote><p class="firstIndent1 fontsize8">Chatfield Dam, South Platte River, Colo., project modification.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The project for flood control below Chatfield Dam on the South Platte River, Colorado, authorized by the Flood Control Act of 1950 ( 64 Stat. 175), is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to participate with non-Federal interests in the acquisition of lands and interests therein and in the development of recreational facilities immediately downstream of the Chatfield Dam, in lieu of a portion of the authorized channel improvement, for the purpose of flood control and recreation.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Such participation shall (1) consist of the amount of savings realized by the United States, as determined by the Secretary of the Army, acting through the Chief of Engineers, in not constructing that portion of the authorized channel improvement below the dam, together with such share of any land acquisition and recreation development costs, over and above that amount, that the Secretary of the Army determines is comparable to the share available under similar Federal programs providing financial assistance for recreation and open spaces, (2) in the instance of the aforementioned land acquisition, be restricted to those lands deemed necessary by the Secretary of the Army for flood control purposes, and (3) not otherwise reduce the local cooperation required under the project.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Prior to the furnishing of the participation authorized by this Act, non-Federal interests shall enter into a binding written agreement with the Secretary of the Army to prevent any encroachments in needed flood plain detention areas which would reduce their capability for flood detention and recreation.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="89"><inline class="smallCaps">Sec</inline>. 89. </num><sidenote><p class="firstIndent1 fontsize8">Rogue River Basin, Oreg, and Calif., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/76/1192">76 Stat. 1192</ref>.</p></sidenote> <content class="inline">The project for the Rogue River Basin, Oregon and California. as authorized in section 203 of the Flood Control Act of 1962 (Public Law 87–874) is modified to provide that construction of the Applegate Lake, Oregon project may commence prior to non-Federal interests making necessary arrangements with the Secretary of the <page identifier="/us/stat/88/39">88 <inline class="smallCaps">Stat</inline>. 39</page>Interior for repayment in accordance with Federal reclamation laws. The Applegate project shall not be operated for irrigation purposes until such time as the Secretary of the Interior makes the necessary arrangements with non-Federal interests to recover the costs, in accordance with Federal reclamation laws, which are allocated to the irrigation purpose.</content> </section> <section class="firstIndent1 fontsize10"> <num value="90"><inline class="smallCaps">Sec</inline>. 90. </num> <content class="inline">The plan for flood protection in the Big Sandy River<sidenote><p class="firstIndent1 fontsize8">Big Sandy River Basin, flood plan.</p></sidenote> Basin, Kentucky, West Virginia, and Virginia included in the comprehensive plan for flood control in the Ohio River Basin, authorized by the Flood Control Act, approved June 22, 1936 (49 Stat. 1570), as amended and modified, is hereby further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to provide all communities in the Tug Fork Valley of the Big Sandy River Basin, Kentucky, Virginia, and West Virginia, with comprehensive flood protection by a combination of local flood protection works and residential flood proofing similar to the measures described by the Chief of Engineers in the “Report on Tug Fork, July 1970”, except that such authorization shall be limited to the phase I design memorandum stage of advanced engineering and design at an estimated cost of $1,290,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="91"><inline class="smallCaps">Sec</inline>. 91. </num> <content class="inline">The New York Harbor collection and removal of drift<sidenote><p class="firstIndent1 fontsize8">New York Harbor, project modification.</p></sidenote> project is hereby modified in accordance with the recommendations contained in “Survey Report on Review of Project, New York Harbor Collection and Removal of Drift,” dated June 1968, revised March 1969, and April 1971, on file in the Office, Chief of Engineers. There is<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> authorized to be appropriated not to exceed $14,000,000 to carry out the modification authorized by this section.</content> </section> <section class="firstIndent1 fontsize10"> <num value="92"><inline class="smallCaps">Sec</inline>. 92. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The hurricane-flood protection project on Lake Pontchartrain,<sidenote><p class="firstIndent1 fontsize8">Lake Pontchartrain, La., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/79/1077">79 Stat. 1077</ref>.</p></sidenote> Louisiana, authorized by section 204 of the Flood Control Act of 1965 (Public Law 89–298) is hereby modified to provide that non-Federal public bodies may agree to pay the unpaid balance of the cash payment due, with interest, in yearly installments. The yearly installments will be initiated when the Secretary determines that the project is complete but in no case shall the initial installment be delayed more than ten years after the initiation of project construction. Each installment shall not be less than one twenty-fifth of the remaining unpaid balance plus interest on such balance, and the total of such installments shall be sufficient to achieve full payment, including interest, within twenty-five years of the initiation of project construction.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The rate of interest on the unpaid balance shall be that specified in section 301(b) of the Water Supply Act of 1958 (Public Law 85–500).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/319">72 Stat. 319</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Any payment agreement pursuant to the provisions of this Act shall be in writing, and the provisions of subsections (b), (c), and (e) of section 221 of the Flood Control Act of 1970 (Public Law 91–611)<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5b">42 USC 1962d–5b</ref>.</p></sidenote> shall be applicable to such written agreement.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="93"><inline class="smallCaps">Sec</inline>. 93. </num> <content class="inline">Section 107 of the River and Harbor Act of 1948 (62 Stat. 1174) is amended by striking out “<quotedText>$22,000</quotedText>” and inserting in lieu<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s275a">22 USC 275a</ref>.</p></sidenote> thereof “<quotedText>$45,000</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="94"><inline class="smallCaps">Sec</inline>. 94. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Army, acting through the Chief<sidenote><p class="firstIndent1 fontsize8">Boone County, Ky., flood damage.</p></sidenote> of Engineer is authorized and directed, in coordination with the State of Kentucky and appropriate local agencies. (1) to repair existing flood damage to River Road at Rabbit Hash, Boone County. Kentucky, or, as appropriate, to relocate River Road, (2) to repair existing flood damage to Huff Road (also known as Ryle Road) at Hamilton Landing, Boone County. Kentucky, or, as appropriate, to relocate Huff Road, and (3) to construct needed streambank protection works to prevent future erosion damage to public and private facilities at and near Boone County, Kentucky.</content> </subsection> <page identifier="/us/stat/88/40">88 <inline class="smallCaps">Stat</inline>. 40</page> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(b) </num> <content class="inline">There is authorized to be appropriated not to exceed $375,000 for the roadwork authorized by this section and not to exceed $600,000 to construct the bank protection works.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="95"><inline class="smallCaps">Sec</inline>. 95. </num><sidenote><p class="firstIndent1 fontsize8">Russian River, Calif., project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/80/1428">80 Stat. 1428</ref>.</p></sidenote> <content class="inline">The project for Russian River, Dry Creek, California, as authorized in section 203 of the Flood Control Act of 1962 (76 Stat. 1173), as modified, is further modified to authorize and direct the Secretary of the Army, acting through the Chief of Engineers, to compensate for fish losses on the Russian River which may be attributed to the operation of tire Coyote Dam component of the project through measures such as possible expansion of the capacity of the fish hatchery at the Warm Springs Dam component of the project.</content> </section> <section class="firstIndent1 fontsize10"> <num value="96"><inline class="smallCaps">Sec</inline>. 96. </num><sidenote><p class="firstIndent1 fontsize8">Kehoe Lake, Ky., study.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to investigate and study the feasibility of acquiring, as a part of the project for Kehoe Lake, Kentucky, authorized by the Flood Control Act of 1966, an area consisting of approximately 4,000 acres for maintenance in its natural state and for the purpose of environmental investigations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="97"><inline class="smallCaps">Sec</inline>. 97. </num><sidenote><p class="firstIndent1 fontsize8">Salisbury, Md.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">If the Secretary of the Army acting through the Chief of Engineers, finds that the proposed project in Salisbury, Maryland, to be undertaken at the locations to be declared nonnavigable under this section is in the public interest, on the basis of engineering studies to determine the location and structural stability of any bulkheading and filling and permanent pile-supported structures, in order to preserve and maintain the remaining navigable waterway and on the basis of environmental studies conducted pursuant to the National Environmental <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p></sidenote>Policy Act of 1969, then those portions of the South Prong of the Wicomico River in Wicomico County. State of Maryland, bounded and described as follows, are declared to be not a navigable water of the United States within the meaning of the laws of the United States, and the consent of Congress is hereby given, consistent with subsection (b) of this section, to the filling in of a part thereof or the erection of permanent pile-supported structures thereon: That portion of the South Prong of the Wicomico River in Salisbury, Maryland, bounded on the east by the west side of United States Route 13; on the west by the west side of the Mill Street Bridge: on the south by a line five feet landward from the present waters edge at high tide extending the entire length of the South Prong from the east boundary at United States Route 13 to the west boundary at the Mill Street Bridge; and on the north by a line five feet landward from the present water’s edge at high tide extending the entire length of the South Prong from the east boundary at United States Route 13 to the west boundary at the Mill Street. Bridge.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">This declaration shall apply only to the portions of the areas described in subsection (a) which are bulkheaded and filled or occupied by permanent pile-supported structures. Plans for bulkheading and filling and permanent pile-supported structures shall be approved by the Secretary of the Army, acting through the Chief of Engineers. Such bulkheaded and filled areas or areas occupied by permanent pile-supported structures shall not reduce the existing width of the Wicomico River to less than sixty feet and a minimum depth of five feet shall be maintained within such sixty-foot width of the Wicomico River. Local interests shall reimburse the Federal Government for engineering and all other costs incurred under this section.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="98"><inline class="smallCaps">Sec</inline>. 98. </num><sidenote><p class="firstIndent1 fontsize8">Broadway Lake, S.C., demonstration project.</p></sidenote> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to undertake a demonstration project for the removal of silt and aquatic growth from Broadway Lake, Anderson County. South Carolina, at an estimated cost of $400,000. The Secretary shall report to the Administrator of the <page identifier="/us/stat/88/41">88 <inline class="smallCaps">Stat</inline>. 41</page>Environmental Protection Agency the plans for and the results of such project together with such recommendations as he determines necessary to assist in carrying out the program for fresh water lakes under section 314 of the Federal Water Pollution Control Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/875">86 Stat. 875</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="99"><inline class="smallCaps">Sec</inline>. 99. </num> <content class="inline">The Cache River Basin Project Feature Mississippi River<sidenote><p class="firstIndent1 fontsize8">Cache River Basin, Ark., land acquisition.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/64/172">64 Stat. 172</ref>.</p></sidenote> and Tributaries Project, Arkansas, authorized by the Flood Control Act approved May 17, 1950, is hereby modified to provide for acquisition by fee or easements, of not more than seventy thousand acres of land for fish and wildlife management, recreation, and environmental purposes, of which not less than thirty thousand acres shall be available for public use in accordance with the recommendations of the Chief of Engineers in House Document Numbered 92–366. The total Federal expenditure for this acquisition shall not exceed $7,000,000 and local interests shall contribute 50 per centum of any cost in excess of $6,000,000. No action may be initiated for any taking of prospective mitigation lands until an offer has first been made to the landowner thereof to take only an environmental easement. Easement-taking offers shall allow the landowner the choice of either keeping access subject to private control or allowing public access. Easements for environmental purposes on lands not cleared at the time of taking shall prevent clearing of the land for commercial agricultural purposes or any other purpose inconsistent with wildlife habitat but shall allow any landowners to manage the lands to provide a perpetual, regularly harvested hardwood forest, which may be harvested hi such a manner as to provide food and habitat for a variety of wildlife. Selection of areas and designation of use shall be within the discretion of the Chief of Engineers. Section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), pertaining to the distribution of revenues, is hereby extended and made applicable to those lands acquired hereunder by the Department of the Army, Corps of Engineers, for mitigation purposes upon their transfer to the Department of the Interior, or any other governmental agency. No less than 20 per centum of the funds appropriated each fiscal year for the Cache River project shall be appropriated to implement mitigation until the full mitigation amount has been appropriated.</content> </section> <section class="firstIndent1 fontsize10"> <num value="100"><inline class="smallCaps">Sec</inline>. 100. </num> <content class="inline">The Knife River Harbor project on Lake Superior, Minnesota,<sidenote><p class="firstIndent1 fontsize8">Knife River Harbor, Minn., project modification.</p></sidenote> is hereby modified to require the Secretary of the Army, acting through the Chief of Engineers, to construct such measures as the Chief of Engineers determines necessary to correct the design deficiency which results in unsatisfactory entrance and mooring conditions at such harbor, at an estimated cost of $850,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">The project, for flood protection on the Rahway River, New<sidenote><p class="firstIndent1 fontsize8">Rahway River, N.J.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/79/1075">79 Stat. 1075</ref>.</p></sidenote> Jersey, authorized by the Flood Control Act of 1965 is hereby modified to provide that the costs of relocations of utilities within the channel walls shall be borne by the United States.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">The project for flood protection on the Chariton River,<sidenote><p class="firstIndent1 fontsize8">Chariton River, Iowa and Mo., project modification.</p></sidenote> Iowa and Missouri, as authorized by the Flood Control Act. of 1954 (68 Stat. 1262) is modified to authorize and direct the Secretary of the Army to make a payment of $700,000 to the Iowa Conservation Commission toward the cost of construction by such Commission of the fish hatchery planned to be constructed for the purpose of restoring fish losses resulting from the construction of Rathbun, Saylorville, Coralville, and Red Rock Dam and Lake in the State of Iowa. No such payment shall be made until the Secretary of the Anny, acting through the Chief of Engineers, shall have approved the plans for such fish hatchery.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">The project for the Kansas River, Kansas, Nebraska, and<sidenote><p class="firstIndent1 fontsize8">Kansas River, project modification.</p></sidenote> Colorado, authorized by the Flood Control Act of 1962 (76 Stat. 1180, 1187) is hereby modified to provide that the Secretary of the Army, <page identifier="/us/stat/88/42">88 <inline class="smallCaps">Stat</inline>. 42</page>acting through the Chief of Engineers, is authorized to relocate the existing FAS 1343 crossing over the Vermilion Creek, as required for the Onaga Lake project, in advance of construction of such project.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="firstIndent1 fontsize8">Stonewall Jackson Lake, W. Va.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5b">42 USC 1962d–5b</ref>.</p></sidenote> <content class="inline">The requirements of section 221 of the Flood Control Act of 1970 (Public Law 91–611) shall not apply to any agreements, to include agreements on recreational development, between the Federal Government and the State of West Virginia for local cooperation as a condition for the construction of the project for Stonewall Jackson Lake, West Fork River, West Virginia, authorized by section 203 of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/80/1421">80 Stat. 1421</ref>.</p></sidenote>the Flood Control Act of 1966 (Public Law 89–789). The Secretary of the Army, acting through the Chief of Engineers, is authorized to contract with the State of West Virginia on the items of local cooperation for the Stonewall Jackson Lake, project, which are to be assumed by the State, notwithstanding that the State may elect to make its performance of any obligation contingent upon the State legislature making the necessary appropriations and funds being allocated for the same or subject to the availability of fluids on the part of the State.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><sidenote><p class="firstIndent1 fontsize8">Souris River, N. Dak., flood protection.</p></sidenote> <content class="inline">The project for flood protection on the Souris River at Minot, North Dakota, approved by resolutions of the Committees on Public Works of the Senate and House of Representatives under the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s70lc">33 USC 70lc note</ref>.</p></sidenote>authority of section 201 of the Flood Control Act of 1968, is hereby modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to reimburse the designated non-Federal public bodies for the estimated additional cost being incurred by them for lands and relocations in the proposed channel realignment at the Third Avenue N.E. Bridge in Minot. The amount of reimbursable costs shall not exceed $200,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><sidenote><p class="firstIndent1 fontsize8">Chester Bridge, Ill. and Mo.</p></sidenote> <content class="inline">Notwithstanding section 105 of the River and Harbor Act of 1966 (80 Stat. 1406) or any other provision of the law, the States of Illinois and Missouri, which are connected by the bridge constructed <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/54/765">54 Stat. 765</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/72/355">72 Stat. 355</ref>.</p></sidenote>by the city of Chester, Illinois, pursuant to Public Law 76–751 and Public Law 85–512, are authorized to contract individually or jointly with the city of Chester, Illinois, on or before June 1, 1974, to assume responsibility for the operation, maintenance, and repair of the Chester Bridge and the approaches thereto and lawful expenses incurred in connection therewith (exclusive of principal, interest, and financing charges on the outstanding indebtedness on such bridge and approaches). When either or both States enter into such an agreement, all tolls thereafter charged for transit over such bridge shall, except as provided in the last two sentences of this Act, be used exclusively (A) to retire outstanding indebtedness (including reasonable interest and financing charges) on the bridge and approaches thereto and (B) credited into a sinking fund established for such bridge. No tolls shall be charged for transit over such bridge after the outstanding indebtedness on the bridge and approaches (including reasonable interest and financing charges) has been retired, or sufficient funds are available through the sinking fund to pay off all outstanding indebtedness (including reasonable interest and financing charges) on such bridge and approaches. If a State declines or is unable to participate in the agreement authorized by this Act, the other State may assume the responsibilities such State would have assumed under such an agreement. Tn that event, the assuming State shall be entitled to receive from toll revenues, after provision is made for principal and interest payments on any indebtedness then outstanding on the bridge and its approaches, as reimbursement, an amount of money (no less often than annually) which is equal to the nonparticipating State’s fair share of the operating, maintenance, repair, and other lawful costs incurred in connection with the bridge and its approaches.</content> </section> <page identifier="/us/stat/88/43">88 <inline class="smallCaps">Stat</inline>. 43</page> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">If the Secretary of the Army, acting through the Chief of Engineers and in consultation with the Administrator of the Environmental Protection Agency and affected non-Federal interests, determines that environmental, engineering, and economic considerations make it advisable to utilize the services of a regional or municipal sewage treatment plant for the treatment of sewage resulting from the operating of recreation and other facilities at Corps of Engineers water resources development projects, then the Secretary is authorized to include as part of the reasonable service charges contemplated by section 313 of the Federal Water Pollution Control Act payment, in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1323">33 USC 1323</ref>.</p></sidenote> whole or in part, for that portion of the costs of constructing the sewage treatment plant which is attributable to the purpose of treating the sewage resulting from the operation of such Corps facilities. Payment for such construction cost may be either in lump sum or on an installment basis.</content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">As used in this section the term “Secretary” shall<sidenote><p class="firstIndent1 fontsize8">“Secretary.”</p></sidenote> mean the Secretary of the Army, acting through the Chief of Engineers. The Secretary, in accordance with the national recreation area concept included in the interagency report prepared pursuant to section 218 of the Flood Control Act of 1968 (Public Law 90–483) by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s460ee">16 USC 460ee</ref>.</p></sidenote> the Corps of Engineers, the Department of the Interior, and the Department of Agriculture, as modified by this section, is authorized and directed to establish on the Big South Fork of the Cumberland<sidenote><p class="firstIndent1 fontsize8">Big South Fork National River and Recreation Area.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> River in Kentucky and Tennessee the Big South Fork National River and Recreation Area (hereafter in this section referred to as the “National Area”) for the purposes of conserving and interpreting an area containing unique cultural, historic, geologic, fish and wildlife, archeologic, scenic, and recreational values, preserving as a natural, free-flowing stream the Big South Fork of the Cumberland River, major portions of its Clear Fork and New River stems, and portions of their various tributaries for the benefit and enjoyment of present and future generations, the preservation of the natural integrity of the scenic gorges and valleys, and the development of the area’s potential for healthful outdoor recreation. The boundaries shall be as generally<sidenote><p class="firstIndent1 fontsize8">Boundaries.</p></sidenote> depicted on the drawing prepared by the Corps of Engineers and entitled “Big South Fork National River and Recreation Area” identified as map number BSF–NRRA(1)(A) and dated October 1972, which shall be on file and available for public inspection in the office of the District Engineer, U.S. Army Engineer District, Nashville, Tennessee.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary shall establish the National Area by publication<sidenote><p class="firstIndent1 fontsize8">Publication in the Federal Register.</p></sidenote> of notice thereof in the Federal Register when he determines that the United States has acquired an acreage within the boundaries of the National Area that is efficiently administrable for the purposes of this section. After publication of notice, and after he has completed the construction of necessary access roads, day-use facilities, campground facilities, lodges, and administrative buildings, the Secretary shall transfer the jurisdiction of the National Area to the Secretary of the Interior who shall administer the National Area in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), as amended and supplemented. In the administration of the National Area the Secretary may utilize such statutory authority available to him for the conservation and management of wildlife and natural resources as he deems appropriate to carry out the purposes of this section. The Secretary of the Interior may, after transfer to him, revise the boundaries from time to time, but the total acreage within such boundaries shall not exceed one hundred and twenty-five <page identifier="/us/stat/88/44">88 <inline class="smallCaps">Stat</inline>. 44</page>thousand acres. Following such transfer the authorities available to the Secretary in subsection (c) of this section shall likewise be available to the Secretary of the Interior. The Secretary may, prior to the transfer to the Secretary of the Interior, revise the boundaries from time to time, but the total acreage within such boundaries shall not exceed one hundred and twenty-five thousand acres.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Land, waters, acquisition.</p></sidenote>(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Within the boundaries of the National Area, the Secretary may acquire lands and waters or interests therein by donation, purchase with donated or appropriated funds, or exchange or otherwise, except that lands (other than roads and rights-of-way for roads) owned by the States of Kentucky and Tennessee or any political subdivisions thereof may be acquired only by donation. When an individual tract of land is only partly within the boundaries of the National Area, the Secretary may acquire all of the tract by any of the above methods in order to avoid the payment of severance costs. Land so acquired outside of the boundaries of the National Area may be exchanged by the Secretary for non-Federal lands within the National Area boundaries, and any portion of the land not utilized for such exchanges may be disposed of in accordance with the provisions of the Federal Property and Administrative Services Act of 1949 <sidenote><p class="firstIndent1 fontsize8">Federal property, transfer.</p></sidenote>(63 Stat. 377; 40 U.S.C. 471 et seq.), as amended. Notwithstanding any other provision of law, any Federal property within the boundaries of the National Area shall be transferred without consideration to the administrative jurisdiction of the Secretary for the purposes of this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Residential property, right of use and occupancy.</p></sidenote>(2) </num> <content class="inline">With the exception of property or any interest in property that the Secretary determines is necessary for purposes of administration, preservation, or public use, any owner or owners (hereafter in this section referred to as “owner”) of improved property used solely for noncommercial residential purposes on the date of its acquisition by the Secretary may retain the right of use and occupancy of such property for such purposes for a term, as the owner may elect, ending either (A) upon the death of the owner or his spouse, whichever occurs later, or (B) not more than twenty-five years from the date of acquisition. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the term retained by the owner. Such right: shall be subject to such terms and conditions as the Secretary deems appropriate to assure that the property is used in accordance with the purposes of this section; may be transferred or assigned; and may be terminated with respect to the entire property by the Secretary upon his determination that the property or any portion thereof has ceased to be used for noncommercial residential purposes, and upon tender to the holder of the right an amount equal to the fair market value, as of the date of the tender, of that portion of the right which remains unexpired on the date of termination. Any person residing upon improved property, subject to the right of acquisition by the Secretary as a tenant or by the sufferance of the owner or owners of the property may be allowed to continue in such residence for the lifetime of such person or his spouse, whichever occurs later, subject to the same restrictions as applicable to owners residing upon such property and provided that any obligation or rental incurred as consideration for such tenancy shall accrue during such term to the United States to be used in the administration of this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">“Improved property.”</p></sidenote>(3) </num> <content class="inline">As used in this section the term “improved property” means a detached year-round one-family dwelling which serves as the owner’s <page identifier="/us/stat/88/45">88 <inline class="smallCaps">Stat</inline>. 45</page>permanent place of abode at the time of acquisition, and construction of which was begun before January 1, 1974, together with so much of the land on which the dwelling is situated, such land being in the same ownership as the dwelling, as the Secretary shall designate to be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, except that the Secretary may exclude from any improved property any waters or land fronting thereon, together with so much of the land adjoining such waters or land as he deems necessary for public access thereto.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">In any case where the Secretary determines that underlying<sidenote><p class="firstIndent1 fontsize8">Mineral rights.</p></sidenote> minerals are removable consistent with the provisions of subsection (e)(3) of this section, the owner of the minerals underlying property acquired for the purposes of this section may retain such interest. The Secretary shall reserve the right to inspect and regulate the extraction of such minerals to insure that the values enumerated in subsection (a) are not reduced and that the purposes declared in subsection (e)(1) are not interfered with.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Secretary, and the Secretary of the Interior after jurisdiction<sidenote><p class="firstIndent1 fontsize8">Hunting, fishing, trapping.</p></sidenote> over the National Area has been transferred to him under subsection (b) of this section, shall permit hunting, fishing, and trapping on lands and waters under his jurisdiction within the boundaries of the National Area in accordance with applicable Federal and State laws, except that he may designate zones where, and establish periods when, no hunting, fishing, or trapping shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any rules and regulations of the Secretary or the Secretary of the Interior pursuant to this subsection shall be put into effect only after consultation with the appropriate State agency responsible for hunting, fishing, and trappnig activities.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The National Area shall be established and managed for the purposes of preserving and interpreting the scenic, biological, archeological, and historical resources of the river gorge areas and developing the natural recreational potential of the area for the enjoyment of the public and for the benefit of the economy of the region. The area within the boundary of the National Area shall be divided into two categories; namely, the gorge areas and adjacent areas as hereinafter defined.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Within the gorge area, no extraction of, or prospecting for<sidenote><p class="firstIndent1 fontsize8">Gorge area, restrictions.</p></sidenote> minerals, petroleum products, or gas shall be permitted. No timber shall be cut within the gorge area except for limited clearing necessary for establishment of day-use facilities, historical sites, primitive camp-grounds, and access roads. No structures shall be constructed within the gorge except for reconstruction and improvement of the historical sites specified in paragraphs (5) and (6) of this subsection and except for necessary day-use facilities along the primary and secondary access routes specified herein and within five hundred feet of such roads, and except for primitive campgrounds accessible only by water or on foot. No motorized transportation shall be allowed in the gorge area except on designated access routes.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">Primary access routes into the gorge area may be constructed<sidenote><p class="firstIndent1 fontsize8">Access routes.</p></sidenote> or improved upon the general route of the following designated roads: Tennessee Highway Numbered 52, FAS 2451 (Leatherwood Ford Road), the road into the Blue Heron Community, and Kentucky Highway Numbered 92.</content> </subparagraph> <page identifier="/us/stat/88/46">88 <inline class="smallCaps">Stat</inline>. 46</page> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">Secondary access roads in the gorge area may be constructed or improved upon the following routes: the roads from Smith Town, Kentucky, to Worley, Kentucky, the road crossing the Clear Fork at Burnt Mill Bridge, the road from Goad, Tennessee, to Zenith, Tennessee, the road from Co-Operative, Kentucky, to Kentucky Highway Numbered 92, the road entering the gorge across from the mouth of Alum Creek in Kentucky, the road crossing the Clear Fork at Peters Bridge.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">All other existing roads in the gorge area shall be maintained for nonvehicular traffic only, except that nothing in this section shall abrogate the right of ingress and egress of those who remain in occupancy under subsection (c)(1) of this section.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">Road improvement or maintenance and any construction of roads or facilities in the gorge area as permitted by this section shall be accomplished by the Secretary in a manner that will protect the declared values of this unique natural scenic resource.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Adjacent areas, restrictions.</p></sidenote>(3) </num> <content class="inline">In adjacent areas: the removal of timber shall be permitted only where required for the development or maintenance of public use and for administrative sites and shall be accomplished with careful regard for scenic and environmental values; prospecting for minerals and the extraction of minerals from the adjacent areas shall be permitted only where the adit to any such mine can be located outside the boundary of the National Area; no surface mining or strip mining shall be permitted; prospecting and drilling for petroleum products and natural gas shall be permitted in the adjacent area under such <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote>regulations as the Secretary or the Secretary of the Interior, after jurisdiction over the national river and recreation area has been transferred to him under subsection (b) of this section, may prescribe to minimize detrimental environment impact, such regulations shall provide among other things for an area limitation for each such operation, zones where operations will not be permitted, and safeguards to prevent air and water pollution; no storage facilities for petroleum products or natural gas shall be located within the boundary of the National Area except as necessary and incidental to production: the Secretary is authorized to construct two lodges with recreational facilities within the adjacent areas so as to maximize and enhance public use and enjoyment of the National Area; construction of all roads and facilities in the adjacent areas shall be undertaken with careful regard for the maintenance of the scenic and esthetic values of the gorge area and the adjacent areas.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Boundaries.</p></sidenote>(4) </num> <content class="inline">The. gorge area as set out in paragraphs (1) and (2) of this subsection shall consist of all lands and waters of the Big South Fork, Clear Fork, and New River which be between the gorge or valley rim on either side (where the rim is not clearly defined by topography, the gorge boundary shall be established at an elevation no lower than that of the nearest, clearly demarked rim on the same side of the valley), and those portions of the main tributaries and streams in the watersheds of the Big South Fork, Clear Fork, and New River that be within a gorge or valley rim on either side, except that no lands or waters north of Kentucky Highway Numbered 92 shall be included. The designated adjacent areas shall consist of the balance of the National Area.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The Secretary, and the Secretary of the Interior, shall consult and cooperate with the Tennessee Historical Commission and the Rugby Restoration Association and with other involved agencies and <page identifier="/us/stat/88/47">88 <inline class="smallCaps">Stat</inline>. 47</page>associations, both public and private, concerning the development and management of the National Area in the area adjacent to Rugby, Tennessee. Development within the area adjacent to Rugby, Tennessee, shall be designed toward preserving and enhancing the historical integrity of the community and any historical sites within the boundary of the National Area.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">The Secretary, or the Secretary of the Interior, after jurisdiction<sidenote><p class="firstIndent1 fontsize8">Blue Heron Mine community, restoration.</p></sidenote> over the National Area has been transferred to him under subsection (b) of this section, shall provide for the restoration of the Blue Heron Mine community in a manner which will preserve and enhance the historical integrity of the community and will contribute to the public’s understanding and enjoyment of its historical value. To that end the Secretary, or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, may construct and improve structures within and may construct and improve a road into this community.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The Secretary shall study the desirability and feasibility of<sidenote><p class="firstIndent1 fontsize8">Rail transportation. study.</p></sidenote> reestablishing rail transportation on the abandoned OW railbed or an alternative mode of transportation within the National Area upon the O&W roadbed, and shall report to Congress his recommendation with<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> regard to development of this facility.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">The Federal Power Commission shall not license the construction of any dam. water conduit, reservoir, powerhouse, transmission line, or other project works under the Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et seq.), within or directly affecting the National Area and no department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project that would have a direct and adverse effect on the values for which the National Area was established. Nothing contained in the preceding sentence shall preclude licensing of, or assistance to, developments below or above the National Area or on any stream tributary thereto which will not invade the National Area or unreasonably diminish the scenic, recreation, and fish and wildlife values present in the area on the date of enactment of this section. No department or agency of the United States shall recommend authorization of any water resources project that would have a direct and adverse effect on the values for which the National Area was established, or request appropriations to begin construction of any such project, whether heretofore or hereafter authorized, without advising the Secretary or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection th) of this section, in writing of its intention so to do at least sixty days in advance, and without specifically reporting to the Congress in writing at the time it makes its recommendations or request in what respect construction of such project would be in conflict with the purposes of this section and would affect the National Area and the values to be protected under this section.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">The Secretary shall study transportation facilities in the region<sidenote><p class="firstIndent1 fontsize8">Transportation facilities, study and establishment.</p></sidenote> served by the National Area and shall establish transportation facilities to enhance public access to the National Area. Tn this connection the Secretary is authorized to acquire and maintain public roads, other than State highways, necessary to serve the public use facilities within the National Area, and to establish and maintain, at Federal cost an interior and circulating road system sufficient tn meet the purposes of this section. Any existing public road, which at the time of its acquisition continues to be a necessary and essential part of the county <page identifier="/us/stat/88/48">88 <inline class="smallCaps">Stat</inline>. 48</page>highway system, may, upon mutual agreement between the Secretary and the owner of such road, be relocated outside of the National Area and if not so relocated such road shall be maintained at Federal expense and kept open at all times for general travel purposes. Nothing in this subsection shall abrogate the right of egress and ingress of those persons who may remain in occupancy under subsection (c) of this section. Nothing in this subsection shall preclude the adjustment, relocation, reconstruction, or abandonment of State highways situated in the National Area, with the concurrence of the agency having the custody of such highways upon entering into such arrangements as the Secretary or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this section, deems appropriate and in the best interest of the general welfare.</content> </subsection> <subsection class="firstIndent1"> <num value="h"><sidenote><p class="firstIndent1 fontsize8">New River, Tenn., comprehensive plan.</p></sidenote>(h) </num> <content class="inline">In furtherance of the purpose of this subsection the Secretary in cooperation with the Secretary of Agriculture, the heads of other Federal departments and agencies involved, and the State of Tennessee and its political subdivisions, shall formulate a comprehensive plan for that portion of the New River that lies upstream from United States Highway Numbered 27. Such plan shall include, among other things, programs to enhance the environment and conserve and develop natural resources, and to minimize siltation and acid mine drainage. <sidenote><p class="firstIndent1 fontsize8">Plan, transmittal to Congress.</p></sidenote>Such plan, with recommendations, including those as to costs and administrative responsibilities, shall be completed and transmitted to the Congress within one year from the date of enactment of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="i"><sidenote><p class="firstIndent1 fontsize8">Water quality, protection.</p></sidenote>(i) </num> <content class="inline">The Secretary or the Secretary of the Interior, after jurisdiction over the National Area has been transferred to him under subsection (b) of this subsection, shall consult and cooperate with other departments and agencies of the United States and the States of Tennessee and Kentucky in the development of measures and programs to protect and enhance water quality within the National Area and to insure that such programs for the protection and enhancement of water quality do not diminish other values that are to be protected under this section.</content> </subsection> <subsection class="firstIndent1"> <num value="j">(j)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Until such time as the transfer of jurisdiction to the Secretary of the Interior authorized by subsection (b) of this section shall take place, for the purpose of financially assisting the States of Tennessee and Kentucky, McCreary Comity, Kentucky, and Scott, Morgan, Pickett, and Fentress Comities in Tennessee, because of losses which these jurisdictions will sustain by reason of the fact that certain lands and other property within their boundaries may be included within the National Area established by this section and thereafter will no longer be subject to real and personal property taxes levied or imposed by them, payments shall be made to them on an annual basis in an amount equal to those taxes levied or imposed on such property for the last taxable year immediately preceding the date of enactment of this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(2) </num> <content class="inline">For the purpose of enabling the Secretary to make such payments during the fiscal years ending June 30, 1975. June 30, 1976, June 30, 1977, June 30, 1978. and June 30, 1979. there are authorized to be appropriated such sums as may be necessary.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="k">(k) </num> <content class="inline">There are authorized to be appropriated $32,850.000 to carry out the provisions of this section, other than subsection (j) of this section. No moneys shall be appropriated from the Land and Water Conservation Fund to carry out the purposes of this section.</content> </subsection> </section> <page identifier="/us/stat/88/49">88 <inline class="smallCaps">Stat</inline>. 49</page> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">Water Resources Development<sidenote><p class="firstIndent1 fontsize8">Citation of title.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1962d–5c">42 USC 1962d–5c note</ref>.</p></sidenote> Act of 1974</shortTitle>”.</content> </section> <num value="II">TITLE II—</num> <heading class="inline">RIVER BASIN MONETARY AUTHORIZATIONS</heading><sidenote><p class="firstIndent1 fontsize8">River Basin Monetary Authorization Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In addition to previous authorizations, there is hereby authorized to be appropriated for the prosecution of the comprehensive plan of development of each river basin under the jurisdiction of the Secretary of the Army referred to in the first column below, which was basically authorized by the Act referred to by date of enactment in the second column below, an amount not to exceed that shown opposite such river basin in the third column below: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:center; vertical-align:top; border-top:1px solid black; border-bottom:1px solid black; padding-top: 0.5em; padding-bottom: 0.5em;"/> <td style="text-align:right; vertical-align:top; border-top:1px solid black; border-bottom:1px solid black; padding-top: 0.5em; padding-bottom: 0.5em;">Date</td> <td style="text-align:right; vertical-align:top; border-top:1px solid black; border-bottom:1px solid black; padding-top: 0.5em; padding-bottom: 0.5em;">Amount</td> </tr> <tr> <td style="text-align:left; vertical-align:top; padding-top: 1.5em;" leaders="yes">Alabama-Coosa River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">Mar. 2, 1945</td> <td style="text-align:right; vertical-align:top;">$31,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Arkansas River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">June 28, 1938</td> <td style="text-align:right; vertical-align:top;">14,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Brazos River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">Sept. 3, 1954</td> <td style="text-align:right; vertical-align:top;">19,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Central and southern Florida</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">June 30, 1948</td> <td style="text-align:right; vertical-align:top;">15,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Columbia River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">June 28, 1944</td> <td style="text-align:right; vertical-align:top;">94,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Mississippi River and tributaries</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">May 15, 1928</td> <td style="text-align:right; vertical-align:top;">211,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Missouri River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">June 28, 1938</td> <td style="text-align:right; vertical-align:top;">72,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">North Branch, Susquehanna River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">July 3, 1958</td> <td style="text-align:right; vertical-align:top;">64,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Ohio River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">June 22, 1936</td> <td style="text-align:right; vertical-align:top;">120,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Ouachita River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">May 17, 1950</td> <td style="text-align:right; vertical-align:top;">4,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Red River Waterway project</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">Aug. 13, 1968</td> <td style="text-align:right; vertical-align:top;">9,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">San Joaquin River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">Dec. 22, 1944</td> <td style="text-align:right; vertical-align:top;">83,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">South Platte River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">May 17, 1950</td> <td style="text-align:right; vertical-align:top;">15,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top;" leaders="yes">Upper Mississippi River Basin</td> <td style="text-align:right; vertical-align:top; padding-right: 0.5em;">June 28, 1938</td> <td style="text-align:right; vertical-align:top;">4,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:top; border-bottom:1px solid black; padding-bottom: 1em;" leaders="yes">White River Basin</td> <td style="text-align:center; vertical-align:top; padding-right: 0.5em; border-bottom:1px solid black; padding-bottom: 1em;" leaders="yes">do</td> <td style="text-align:right; vertical-align:top; border-bottom:1px solid black; padding-bottom: 1em;">9,000,000</td> </tr> </tbody> </table> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The total amount authorized to be appropriated by this section<sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> shall not exceed $764,000,000.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">The Secretary of the Army, acting through the Chief of Engineers, is authorized to initiate the second phase of the bank erosion control works and setback levees on the Sacramento River, California, authorized by the Flood Control Act of 1960, in accordance<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/74/498">74 Stat. 498</ref>.</p></sidenote> with the recommendations of the Chief of Engineers in House Document Numbered 93–151, and the monetary authorization for the Sacramento River Basin, basically authorized by the Act of December 22, 1944, is increased by not to exceed $16,000,000 for such<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/58/900">58 Stat. 900</ref>.</p></sidenote> purpose.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">River Basin Monetary<sidenote><p class="firstIndent1 fontsize8">Citation of title.</p></sidenote> Authorization Act of 1974</shortTitle>”.</content> </section> Approved March 7, 1974.
Public Law 93–252: Extending the filing date of the 1974 Joint Economic Committee report. Public Law252 Public Law 93–252 [88 Stat. 49] 1974-03-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–252
JOINT RESOLUTION Extending the filing date of the 1974 Joint Economic Committee report.

March 16, 1974

[H. J. Res 905]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That S.J. Res.

Economic report.

Time extension.

15 USC 1022.

 182, amending the provisions of section 3(a) of the Employment Act of 1946, be further amended by changing the filing date of the Joint Economic Committee report from March 13, 1974. to March 29, 1974.
Approved March 16, 1974.
Public Law 93–253: To amend Reorganization Plan Numbered 2 of 1973. and for other purposes. Public Law253 Public Law 93–253 [88 Stat. 50] 1974-03-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 50 Public Law 93–253
AN ACT To amend Reorganization Plan Numbered 2 of 1973. and for other purposes.

March 16, 1974

[H. R. 8245]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Reorganization Plan No. 2 of 1973, amendments.

5 USC app. II.

Repeals.
That (a) Reorganization Plan Numbered 2 of 1973 is amended by— (1) repealing section 2; (2) repealing section 6(b) and redesignating section 6(a) as section 6; and (3) striking “and to the Secretary of the Treasury”, and “and to the Department of the Treasury, respectively,” from section 8.

Effective date.

(b) The repeals and amendments made by subsection (a) shall be effective as of July 1, 1973.
Sec. 2. Section 2680(h) of title 28, United States Code, is amended by striking out the period at the end thereof and inserting in lieu thereof a colon and the following: Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346(b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, ‘investigative or law enforcement officer’ means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law.”.
Approved March 16, 1974.
Public Law 93–254: To amend the Marine Protection, Research, and Sanctuaries Act of 1972, in order to implement the provisions of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, and for other purposes. Public Law254 Public Law 93–254 [88 Stat. 50] 1974-03-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–254
AN ACT To amend the Marine Protection, Research, and Sanctuaries Act of 1972, in order to implement the provisions of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, and for other purposes.

March 22, 1974

[H. R. 5450]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Marine Protection. Research, and Sanctuaries Act of 1972, amendments.

33 USC 1401.
That the Marine Protection, Research, and Sanctuaries Act of 1972 (86 Stat. 1052) is amended as follows: (1) Section 2 is amended by deleting the last sentence thereof and by adding a new subsection to read as follows: “(c) It is the purpose of this Act to regulate (1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and (2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.”.

33 USC 1402.

(2) Section 3 is amended— (A) in subsection (c), by deleting “oil within the meaning of section 11 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1161), and does not mean sewage from vessels within the meaning of section 13 of such Act (33 U.S.C. 1163).”, and inserting in lieu thereof “sewage from vessels within the meaning of section 312 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1322). Oil within the meaning of 88 Stat. 51section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321), shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.”; (B) in subsection (f), by deleting "(33 U.S.C. 1151–1175)”, and inserting in lieu thereof "(33 U.S.C. 1251–1376)”; and (C) by adding a new subsection to read as follows: “(1) ‘Convention’ means the Convention on the Prevention of

“Convention.”

 Marine Pollution by Dumping of Wastes and Other Matter.”. (3) Section 101 is amended to read as follows:

Prohibited acts.

33 USC 1411.

 “(a) Except as may be authorized by a permit issued pursuant to section 102 or section 103 of this title, and subject to regulations issued

33 USC 1412, 1413.

33 USC 1418.

 pursuant to section 108 of this title, “(1) no person shall transport from the United States, and “(2) in the case of a vessel or aircraft registered in the United States or flying the United States flag or in the case of a United States department, agency, or instrumentality, no person shall transport from any location any material for the purpose of dumping it into ocean waters. “(b) Except as may tie authorized by a permit issued pursuant to section 102 of this title, and subject to regulations issued pursuant to section 108 of this title, no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the Ignited States, or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States.”. (4) Section 102 is amended—

33 USC 1412.

 (A) in subsection (a)— (i) by deleting the words “as provided for in section 101 of this title,” and inserting in lieu thereof the words “for which no permit may be issued,”; (ii) by adding, after the phrase “instrumentality of the United States,”, the words “or in the case of a vessel or aircraft registered in the United States or flying the United States flag,”; and (iii) by adding at the end of the subsection the following sentence: “To the extent that he may do so without relaxing the requirements of this title, the Administrator, in establishing or revising such criteria, shall apply the standards and criteria binding upon the United States under the Convention, including its Annexes.” (B) by adding a new subsection to read as follows: “(e) In the case of transportation of material, by a vessel or aircraft registered in the United States or flying the United States flag, from a location in a foreign State Party to the Convention, a permit issued pursuant to the authority of that foreign State Party, in accordance with Convention requirements, and which otherwise could have been issued pursuant to subsection (a) hereof, shall be accepted, for the purposes of this title, as if it were issued by the Administrator under the authority of this section.”.
Sec. 2. The amendments made by subparagraph 1(4)(A)(iii) and

Effective dates.

33 USC 1412 note.

33 USC 1401 note.

 paragraph 1(4)(B) of this Act shall become effective on the date that the (invention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matters enters into force for the United States. In all other respects, this Act shall become effective on the date of enactment.
Approved March 22, 1974.
Public Law 93–255: To amend the minimum limits of compensation of Senate committee employees and to amend the indicia requirements on franked mail, and for other purposes. Public Law255 Public Law 93–255 [88 Stat. 52] 1974-03-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 52 Public Law 93–255
AN ACT To amend the minimum limits of compensation of Senate committee employees and to amend the indicia requirements on franked mail, and for other purposes.

March 27, 1974

[S. 2315]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Senate committee employees.

Compensation.

2 USC 61–1, 60a.
That section 105(e) of the Legislative Brandi Appropriation Act, 1068, as amended anti as modified by the Order of the President pro tempore of the Senate of October 4, 1973, is amended as follows: (1) In paragraph (I), strike out “ranging from $18,525 to” and insert in lieu thereof “at not to exceed”. (2) In paragraph (2)(A), strike out “$8,265 to” each place it appears therein and insert in lieu thereof “not to exceed”. (3) In paragraph (2)(B), strike out “$18,240 to”, “$14,250 to”, and “$8,265 to” and insert in lieu thereof in each place “not to exceed”.
Sec. 2.

Congress, franked mail.

 (a) Section 3216 of title 39, United States Code, is amended by striking out “, and the printed words ‘Postage paid by Congress’”. (b) Section 733 of title 44, United States Code, is amended by striking out “Postage paid by Congress.”. (c) Section 907 of title 44, United States Code, is amended by striking out “Postage paid by Congress”.
Sec. 3. (a) Section 5(d) of the Act of December 18, 1973 (87 Stat.

2 USC 501.

742; Public Law 93–191), is amended by striking out “or 3218” and inserting in lieu thereof “3218, or 3219”. (b) Section 6(a) of the Act of December 18, 1973 (87 Stat. 744;

2 USC 502.

Public Law 93–191), is amended by striking out “or 3218” and inserting in lieu thereof “, 3218, or 3219”.
Approved March 27, 1974.
Public Law 93–256: To increase the period during which benefits may be paid under title XVI Of the Social Security Act on the basis of presumptive disability to certain individuals who received aid, on the basis of disabilty, for December 1973, under a State plan approved under title XIV or XVI of that Act, and for other purposes. Public Law256 Public Law 93–256 [88 Stat. 52] 1974-03-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–256
AN ACT To increase the period during which benefits may be paid under title XVI Of the Social Security Act on the basis of presumptive disability to certain individuals who received aid, on the basis of disabilty, for December 1973, under a State plan approved under title XIV or XVI of that Act, and for other purposes.

March 28, 1974

[H. R. 13025]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Presumptive disability benefits.

Time extension.

42 USC 1382c.
That any individual who would be considered disabled under section 1614(a)(3)(E) of the Social Security Act except that he did not receive aid under the appropriate State plan for at least one month prior to July 1973 may be considered

42 USC 1383.

to be presumptively disabled under section 1631(a)(4)(B) of that Act and may be paid supplemental security income benefits under

42 USC 1381.

42 USC 1382 note.

title XVI of that Act on the basis of such presumptive disability, and State supplementary payments under section 212 of Public Law 93–66 as though he had been determined to be disabled within the meaning of section 1614(a)(3) of the Social Security Act, for any month in calendar year 1974 for which it has been determined that he is otherwise eligible for such benefits, without regard to the three-month limitation in section 1631(a)(4)(B) of that Act on the period for which benefits may be paid to presumptively disabled individuals, except that no such benefits may be paid on the basis of such presumptive disability for any month after the month in which the Secretary of Health, Edu-88 Stat. 53cation, and Welfare has made a determination as to whether such individual is disabled, as defined in section 1614(a)(3)(A) of that Act.
Sec. 2. The last sentence of section 203(e)(2) of the Federal-State Extended Unemployment Compensation Act of 1970 (as added by section 20 of Public Law 93–233) is amended by striking out “April”

26 USC 3304 note.

 and inserting in lieu thereof “July”.
Approved March 28, 1974.
Public Law 93–257: To provide funeral transportation and living expense benefits to the families of deceased prisoners of war, and for other purposes. Public Law257 Public Law 93–257 [88 Stat. 53] 1974-03-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–257
AN ACT To provide funeral transportation and living expense benefits to the families of deceased prisoners of war, and for other purposes.

March 29, 1974

[S. 3228]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Funeral Transportation and Living Expense Benefits Act of 1974.
short title Section 1. This Act may be cited as the “Funeral Transportation

37 USC 406 note.

 and Living Expense Benefits Act of 1974”.
findings Sec. 2. (a) The United States did in 1973 provide transportation and other amenities to families of five hundred and fifty-six returned prisoners of war for reunions upon these men’s arrival in the continental United States after release from imprisonment by the government of the Democratic Republic of Vietnam and did in 1973 also provide transportation and other amenities to these returned prisoners of war and their families to attend ceremonies in their honor in Washington, District of Columbia. (b) The remains of other prisoners of war, having died in captivity in Southeast Asia, are now Being returned to the United States for burial. (c) The United States owes no lesser degree of respect, honor or solicitude to the memories of the men who died in captivity and their families than in the cases of those who survived and returned alive to the United States. (d) It is fitting and proper, therefore, as a mark of respect to those men who died in captivity while serving in the Armed Forces of the United States, that comparable courtesies and amenities be extended to the families of these deceased military personnel.
benefits Sec. 3. (a) The Secretary of Defense is authorized to provide

Deceased Vietnam POW’s and MIA’s.

 funeral transportation and living expenses benefits for the family of any deceased member of the Armed Forces who shall have died while classified as a prisoner of war or as missing in action during the Vietnam conflict and whose remains shall have been returned to the United States after January 27, 1973. (b) Such benefits shall include transportation roundtrip from such y members’ places of residence to the place of burial for such deceased member of the Armed Forces, living expenses and other such allowances as the Secretary shall deem appropriate. 88 Stat. 54 (c)

Eligible family members.

 Eligible family members shall include the deceased’s widow, children, stepchildren, mother, father, stepfather and stepmother, or if none of these shall desire to be granted such benefits, the deceased’s brothers, sisters, halfbrothers and halfsisters.
Approved March 29, 1974.
Public Law 93–258: To provide for the conveyance of certain mineral interests of the United States in property in Utah to the record owners of the surface of that property. Public Law258 Public Law 93–258 [88 Stat. 54] 1974-04-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–258
AN ACT To provide for the conveyance of certain mineral interests of the United States in property in Utah to the record owners of the surface of that property.

April 2, 1974

[H. R. 5236]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Utah County, Utah.

Certain mineral interests, conveyance.
That the Secretary of the Interior shall convey to those persons who, on the date of enactment of this Act, are the record owners of the surface rights thereof, or to the heirs, successors, or assigns of such person or persons, all mineral interests reserved to the United States in and to the real property consisting of twenty acres and more particularly described in section 2 of this Act.
Sec. 2.

Boundaries.

The real property referred to in the first section of this Act is situated in Utah County, Utah, and is more particularly described as follows:

Beginning at a point south 151.8 feet and west 0.27 feet from the north quarter corner of section 17, township 5 south, range 2 east, Salt Lake base and meridian, and running thence south 89 degrees 54 minutes east 62.0 feet; thence north 0 degree 06 minutes east 152.1 feet; thence north 89 degrees 29 minutes 44 seconds east 70 feet; thence south 0 degree 06 minutes west 165.62 feet; thence south 89 degrees 54 minutes east 164.97 feet; thence north 0 degree 06 minutes east 137 feet; thence, north 89 degrees 51 minutes east 16.5 feet; thence south 0 degree 06 minutes west 137 feet; thence south 39 degrees 20 minutes west 135 feet; thence south 51 degrees 07 minutes east 660 feet; thence north 88 degrees 40 minutes west 268.8 feet; thence south 0 degree 28 minutes 30 seconds west 1262.9 feet along a fence line; thence north 89 degrees 46 minutes west 364.2 feet; thence south 89 degrees 06 minutes 30 seconds west 133.2 feet; thence north 1 degree 17 minutes 30 seconds east 1323.2 feet; thence east 4.34 feet; thence north 0 degree 06 minutes east 466.7 feet, more or less to the point of beginning.
Sec. 3.

Administrative costs.

 The Secretary shall require the deposit of a sum of money which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.
Sec. 4.

Application.

 No conveyance shall be made unless application for conveyance is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess.
88 Stat. 55
Sec. 5. The term “administrative costs” as used in this Act includes,

“Administrative costs.”

 but is not limited to, all costs of (1) conducting an exploratory program to determine the character of the mineral deposits in the land, (2) evaluating the data obtained under the exploratory program to determine the fair market value of the mineral rights to be conveyed, and (3) preparing and issuing the instrument of conveyance.
Sec. 6. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered the service, and deposited to the appropriation then current. Moneys paid for the minerals or mineral interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts.
Approved April 2, 1974.
Public Law 93–259: To amend the Fair Labor Standards Act of 1938 to increase the minimum wage rate under that Aet, to expand the coverage of the Act, and for other purposes. Public Law259 Public Law 93–259 [88 Stat. 55] 1974-04-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–259
AN ACT To amend the Fair Labor Standards Act of 1938 to increase the minimum wage rate under that Aet, to expand the coverage of the Act, and for other purposes.

April 8, 1974

[S. 2747]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Fair Labor Standards Amendments of 1974.
short title; references to act Section 1. (a) This Act may be cited as the “Fair Labor Standards

29 USC 201 note.

 Amendments of 1974”. (b) Unless otherwise specified, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the section or other provision amended or repealed is a section or other provision of the Fair Labor Standards Act of 1938 (29 U.S.C. 201–219).
increase in minimum wage rate for employees covered before 1966 Sec. 2. Section 6(a)(1) is amended to read as follows:

29 USC 206.

 “(1) not less than $2 an hour during the period ending December 31, 1974, not less than $2.10 an hour during the year beginning January 1, 1975, and not less than $2.30 an hour after December 31, 1975, except as otherwise provided in this section;”.
increase in minimum wage rate for non agricultural employees covered in 1966 and 1974 Sec. 3. Section 6(b) is amended (1) by inserting “, title IX of the Education Amendments of 1972, or the Fair Labor Standards Amendments

29 USC 1681.

 of 1974” after “1966”, and (2) by striking out paragraphs (1) through (5) and inserting in lieu thereof the following: “(1) not less than $1.90 an hour during the period ending December 31, 1974, “(2) not less than $2 an hour during the year beginning January 1, 1975, “(3) not less than $2.20 an hour during the year beginning January 1, 1976, and “(4) not less than $2.30 an hour after December 31, 1976.”
88 Stat. 56
increase in minimum wage rate for agricultural employees Sec. 4.

29 USC 206.

 Section 6(a)(5) is amended to read as follows: “(5) if such employee is employed in agriculture, not less than— “(A) $1.60 an hour during the period ending December 31, 1974, “(B) $1.80 an hour during the year beginning January 1, 1975, “(C) $2 an hour during the year beginning January 1, 1976. “(D) $2.20 an hour during the year beginning January 1, 1977, and “(E) $2.30 an hour after December 31, 1977.”
increase in minimum wage rates for employees in puerto rico and the virgin islands Sec. 5.

29 USC 205.

 (a) Section 5 is amended by adding at the end thereof the following new subsection: “(e)

Infra.

29 USC 208.

 The provisions of this section, section 6(c), and section 8 shall not apply with respect to the minimum wage rate of any employee employed in Puerto Rico or the Virgin Islands (1) by the United States or by the government of the Virgin Islands, (2) by an establishment which is a hotel, motel, or restaurant, or (3) by any other retail or service establishment which employs such employee primarily in connection with the preparation or offering of food or beverages for human consumption, either on the premises, or by such services as catering, banquet, box lunch, or curb or counter service, to the public, to employees, or to members or guests of members of clubs. The minimum wage rate of such an employee shall be determined under this Act in the same manner as the minimum wage rate for employees employed in a State of the United States is determined under this Act. As used in the preceding sentence, the term ‘State’ does not include a territory or possession of the United States.”. (b) Effective on the date of the enactment of the Fair Labor Standards

29 USC 206.

Amendments of 1974, subjection (c) of section 6 is amended by striking out paragraphs (2), (3), and (4) and inserting in lieu thereof the following: “(2) Except as provided in paragraphs (4) and (5), in the case of any employee who is covered by such a wage order on the date of enactment of the Fair Labor Standards Amendments of 1974 and to whom the rate or rates prescribed by subsection (a) or (b) would otherwise apply, the wage rate applicable to such employee shall be increased as follows: “(A) Effective on the effective date of the Fair Labor Standards Amendments of 1974, the wage order rate applicable to such employee on the day before such date shall— “(i) if such rate is under $1.40 an hour, be increased by $0.12 an hour, and “(ii) if such rate is $1.40 or more an hour, be increased by $0.15 an hour. 88 Stat. 57 “(B) Effective on the first day of the second and each subsequent year after such date, the highest wage order rate applicable to such employees on the date before such first day shall— “(i) if such rate is under $1.40 an hour, be increased by $0.12 an hour, and “(ii) if such rate is $1.40 or more an hour, be increased by $0.15 an hour. In the ease of any employee employed in agriculture who is covered by a wage order issued by the Secretary pursuant to the recommendations of a special industry committee appointed pursuant to section 5,

Ante, p. 56.

 to whom the rate or rates prescribed by subsection (a)(5) would otherwise apply, and whose hourly wage is increased above the wage rate prescribed by such wage order by a subsidy (or income supplement) paid, in whole or in part, by the government of Puerto Rico, the increases prescribed by this paragraph shall he applied to the sum of the wage rate in effect under such wage order and the amount by which the employee’s hourly wage rate is increased by the subsidy (or income supplement) above the wage rate in effect under such wage order. “(3) In the case of any employee employed in Puerto Rico or the Virgin Islands to whom this section is made applicable by the amendments made to this Act by the Fair Labor Standard Amendments of 1974, the Secretary shall, as soon as practicable after the date of enactment of the Fair Labor Standards Amendments of 1974, appoint a special industry committee in accordance with section 5 to recommend the highest minimum wage rate or rates, which shall be not less than 60 per centum of the otherwise applicable minimum wage rate in effect under subsection (b) or $1.00 an hour, whichever is greater, to be applicable to such employee in lieu of the rate or rates prescribed by subsection (b). The rate recommended by the special industry committee shall (A) be effective with respect to such employee upon the effective date of the wage order issued pursuant to such recommendation, but not before sixty days after the effective date of the Fair Labor Standards Amendments of 1974, and (B) except in the case of employees of the government of Puerto Rico or any political subdivision thereof, be increased in accordance with paragraph (2)(B). “(4) (A) Notwithstanding paragraph (2)(A) or (3), the wage rate of any employee in Puerto Rico or the Virgin Islands which is subject to paragraph (2)(A) or (3) of this subsection, shall, on the effective date of the wage increase under paragraph (2)(A) or of the wage rate recommended under paragraph (3), as the case may be. be not less than 60 per centum of the otherwise applicable rate under subsection (a) or (b) or $1.00, whichever is higher. “(B) Notwithstanding paragraph (2)(B), the wage rate of any employee in Puerto Rico or the Virgin Islands which is subject to paragraph (2)(B), shall, on and after the effective, date of the first wage increase under paragraph (2)(B). be not less than 60 per centum of the otherwise applicable rate under subsection (a) or (b) or $1.00, whichever is higher. 88 Stat. 58 “(5) If the wage rate of an employee is to he increased under this subsection to a wage rate which equals or is greater than the wage rate under subsection (a) or (b) which, but for paragraph (1) of this subsection, would be applicable to such employee, this subsection shall be inapplicable to such employee and the applicable rate under such subsection shall apply to such employee. “(6) Each minimum wage, rate prescribed by or under paragraph (2) or (3) shall be in effect unless such minimum wage rate has been superseded by a wage order (issued by the Secretary pursuant to the recommendation of a special industry committee convened under

Infra.

section 8) fixing a higher minimum wage rate.”

29 USC 208.

(c) (1) The last sentence of section 8(b) is amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and the following: “except that the committee shall recommend to the

Ante, p. 55.

Ante, p. 56.

Secretary the minimum wage rate prescribed in section 6(a) or 6(b), which would be applicable but for section 6 (c), unless there is substantial documentary evidence, including pertinent unabridged profit and loss statements and balance sheets for a representative period of years or in the case of employees of public agencies other appropriate information, in the record which establishes that the industry, or a predominant portion thereof, is unable to pay that wage.”

29 USC 210.

(2) The third sentence of section 10(a) is amended by inserting after “modify” the following: "(including provision for the payment of an appropriate minimum wage rate)”. (d) Section 8 is amended (1) by striking out “the minimum wage prescribed in paragraph (1) of section 6(a) in each such industry” in the first sentence of subsection (a) and inserting in lieu thereof “the minimum wage rate which would apply in each such industry under paragraph (1) or (5) of section 6(a) but for section 6(c)”, (2) by striking out “the minimum wage rate prescribed in paragraph (1) of section 6(a)” in the last sentence of subsection (a) and inserting in lieu thereof “the otherwise applicable minimum wage rate in effect under paragraph (1) or (5) of section 6(a)”, and (3) by striking out “prescribed in paragraph (1) of section 6(a)” in subsection (c) and inserting in lieu thereof “in effect under paragraph (1) or (5) of section 6(a)(as the case may be)”.
federal and state employees Sec. 6.

“Employer.”

29 USC 203.

 (a) (1) Section 3(d) is amended to read as follows: “(d) ‘Employer’ includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.”

“Employee.”

(2) Section 3 (e) is amended to read as follows: “(e) (1) Except as provided in paragraphs (2) and (3), the term ‘employee’ means any individual employed by an employer. 88 Stat. 59 “(2) In the case of an individual employed by a public agency, such term means— “(A) any individual employed by the Government of the United States— “(i) as a civilian in the military departments (as defined in section 102 of title 5, United States Code), “(ii) in any executive agency (as defined in section 105 of such title), “(iii) in any unit of the legislative or judicial branch of the Government which has positions in the competitive service, “(iv) in a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces, or “(v) in the Library of Congress; “(B) any individual employed by the United States Postal Service or the Postal Rate Commission; and “(C) any individual employed by a, State, political subdivision of a State, or an interstate governmental agency, other than such an individual— “(i) who is not subject to the civil service laws of the State, political subdivision, or agency which employs him; and “(ii) who— “(I) holds a public elective office of that State, political subdivision, or agency, “(II) is selected by the holder of such an office to be a member of his personal staff, “(III) is appointed by such an officeholder to serve on a policymaking level, or “(IV) who is an immediate adviser to such an officeholder with respect to the constitutional or legal powers of his office. “(3) For purposes of subsection (u), such term does not include any individual employed by an employer engaged in agriculture if such individual is the parent, spouse, child, or other member of the employer’s immediate family.”. (3) Section 3(h) is amended to read as follows:

“Industry.”

29 USC 203.

 “(h) ‘Industry’ means a trade, business, industry, or other activity, or branch or group thereof, in which individuals are gainfully employed.”. (4) Section 3(r) is amended by inserting “or” at the end of paragraph (2) and by inserting after that paragraph the following new paragraph: “(3) in connection with the activities of a public agency,”. (5) Section 3(s) is amended— (A) by striking out in the matter preceding paragraph (1) “including employees handling, selling, or otherwise working on goods” and inserting in lieu thereof “or employees handling, selling, or otherwise working on goods or materials”, 88 Stat. 60

29 USC 203.

(B) by striking out “or” at the end of paragraph (3), (C) by striking out the period at the end of paragraph (4) and inserting in lieu thereof “; or”, (D) by adding after paragraph (4) the following new paragraph: “(5) is an activity of a public agency.”, and (E) by adding after the last sentence the following new sentence: “The employees of an enterprise which is a public agency shall for purposes of this subsection be deemed to be employees engaged in commerce, or in the production of goods for commerce, or employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce.”.

“Public agency.”

29 USC 203.

(6) Section 3 is amended by adding after subsection (w) the following: “(x) ‘Public agency’ means the Government of the United States; the government of a State or political subdivision thereof; any agency of the United States (including the United States Postal Service and Postal Rate Commission), a State, or a political subdivision of a State; or any interstate governmental agency.”.

29 USC 204.

(b) Section 4 is amended by adding at the end thereof the following new subsection: “(f) The Secretary is authorized to enter into an agreement with the Librarian of Congress with respect to individuals employed in the Library of Congress to provide for the carrying out of the Secretary’s functions under this Act with respect to such individuals. Not-withstanding any other provision of this Act, or any other law, the Civil Service Commission is authorized to administer the provisions of this Act with respect to any individual employed by the United States (other than an individual employed in the Library of Congress, United States Postal Service, Postal Rate Commission, or the Tennessee Valley Authority). Nothing in this subsection shall be construed to affect the right of an employee to bring an action for unpaid minimum wages, or impaid overtime compensation, and liquidated

29 USC 216.

damages under section 16(b) of this Act.”.

29 USC 207.

(c) (1) (A) Effective January 1, 1975, section 7 is amended by adding at the end thereof the following new subsection: “(k) No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if— “(1) in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed 240 hours; or “(2) in the case of such an employee to whom a work period of at least 7 but less than 28 days applies, in his work period the employee receives for tours of duty which in the aggregate exceed a number of hours which bears the same ratio to the number of consecutive days in his work period as 240 hours bears to 28 days, compensation at a rate not less than one and one-half times the regular rate at which he is employed.”

Effective date.

Supra.

(B) Effective January 1, 1976, section 7(k) is amended by striking out “240 hours” each place it occurs and inserting in lieu thereof “232 hours”.

Effective date.

(C) Effective January 1, 1977, such section is amended by striking out “232 hours” each place it occurs and inserting in lieu thereof “216 hours”. 88 Stat. 61 (D) Effective January 1, 1978, such section is amended—

Effective date.

Ante, p. 60.

 (i) by striking out “exceed 216 hours” in paragraph (1) and inserting in lieu thereof “exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged

Ante, p. 58.

 in such activities in work periods of 28 consecutive days in calendar year 1975”; and (ii) by striking out “as 216 horn’s bears to 28 days” in paragraph (2) and inserting in lieu thereof “as 216 hours (or if lower, the number of hours referred to in clause (B) of paragraph (1)) bears to 28 days”. (2) (A) Section 13(b) is amended by striking out the period at the

29 USC 213.

 end of paragraph (19) and inserting in lieu thereof “; or” and by adding after that paragraph the following new paragraph: “(20) any employee of a public agency who is employed in fire protection or law enforcement activities (including security personnel in correctional institutions);”. (B) Effective January 1, 1975, section 13(b)(20) is amended to read

Effective date.

29 USC 213 note.

 as follows: “(20) any employee of a public agency who in any workweek

Supra.

 is employed in fire protection activities or any employee of a public agency who in any workweek is employed in law enforcement activities (including security personnel in correctional institutions), if the public agency employs during the workweek less than 5 employees in fire protection or law enforcement activities, as the case may be; or”. (3) The Secretary of Labor shall in the calendar year beginning

Studies.

29 USC 213 note.

 January 1, 1976, conduct (A) a study of the average number of hours in tours of duty in work periods in the preceding calendar year of employees (other than employees exempt from section 7 of the Fair Labor Standards Act of 1938 by section 13(b)(20) of such Act) of

Supra.

 public agencies who are employed in fire protection activities, and (B) a study of the average number of hours in tours of duty in work periods in the preceding calendar year of employees (other than employees exempt from section 7 of the Fair Labor Standards Act of 1938 by section 13(b)(20) of such Act) of public agencies who are employed in law enforcement activities (including security personnel in correctional institutions). The Secretary shall publish the results of

Publication in Federal Register.

 each such study in the Federal Register. (d) (1) The second sentence of section 16(b) is amended to read as

29 USC 216.

 follows: “Action to recover such liability may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated.”. (2) (A) Section 6 of the Portal-to-Portal Pay Act of 1947 is

Statute of limitation, suspension.

29 USC 255.

 amended by striking out the period at the end of paragraph (c) and by inserting in lieu thereof a semicolon and by adding after such paragraph the following: “(d) with respect to any cause of action brought under section 16(b) of the Fair Labor Standards Act of 1938 against a State

Supra.

 or a political subdivision of a State in a district court of the United States on or before April 18, 1973, the running of the statutory periods of limitation shall be deemed suspended during the period beginning with the commencement of any such action and ending one hundred and eighty days after the effective date of the Fair Labor Standards Amendments of 1974, except that such suspension shall not be applicable if in such action judg-88 Stat. 62ment has been entered for the defendant on the grounds other than State immunity from Federal jurisdiction.”.

29 USC 260.

(B) Section 11 of such Act is amended by striking out “(b)” after “section 16”.
domestic service workers Sec. 7.

29 USC 202.

 (a) Section 2(a) is amended by inserting at the end the following new sentence: “That Congress further finds that the employment of persons in domestic service in households affects commerce.”

29 USC 206.

(b) (1) Section 6 is amended by adding after subsection (e) the following new subsection: “(f) Any employee— “(1) who in any workweek is employed in domestic service in a household shall be paid wages at a rate not less than the wage rate in effect under section 6(b) unless such employee’s compensation for such service would not because of section 209(g) of the

42 USC 409.

42 USC 401.

Social Security Act constitute wages for the purposes of title II of such Act, or “(2) who in any workweek— “(A) is employed in domestic service in one or more households. and “(B) is so employed for more than 8 hours in the aggregate, shall be paid wages for such employment in such workweek at a

Ante, p. 55.

rate not less than the wage rate in effect under section 6(b).” (2) Section 7 is amended by adding after the subsection added

Ante, p. 60.

by section 6(c) of this Act the following new subsection: “(1) No employer shall employ any employee in domestic service in one or more households for a workweek longer than forty hours unless such employee receives compensation for such employment in accordance with subsection (a).”

29 USC 213.

(3) Section 13(a) is amended by adding at the end the following new paragraph: “(15) any employee employed on a casual basis in domestic service employment to provide babysitting services or any employee employed in domestic service employment to provide companionship services for individuals who (because of age or infirmity) are unable to care for themselves (as such terms are defined and delimited by regulations of the Secretary).”

Ante, p. 61.

(4) Section 13(b) is amended by adding after the paragraph added by section 6(c) the following new paragraph: “(21) any employee who is employed in domestic service in a household and who resides in such household; or”.
retail and service establishments Sec. 8.

Effective date.

 (a) Effective January 1, 1975, section 13(a)(2)(relating to employees of retail and service establishments) is amended by striking out “$250,000” and inserting in lieu thereof “$225,000”.

Effective date.

(b) Effective January 1, 1976, such section is amended by striking out “$225,000” and inserting in lieu thereof “$200,000”.

Effective date.

(c) Effective January 1, 1977, such section is amended by striking out “or such establishment has an annual dollar volume of sales which is less than $200,000 (exclusive of excise taxes at the retail level which are separately stated)”
tobacco employees Sec. 9.

Supra.

 (a) Section 7 is amended by adding after the subsection added by section 7(b)(2) of this Act the following: 88 Stat. 63 “(m) For a period or periods of not more than fourteen workweeks

29 USC 207.

 in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee— “(1) is employed by such employer— “(A) to provide services (including stripping and grading) necessary and incidental to the sale at auction of green leaf tobacco of type 11, 12,13,14,21,22,23,24,31,35,36, or 37 (as such types are defined by the Secretary of Agriculture), or in auction sale, buying, handling, stemming, redrying, packing, and storing of such tobacco, “(B) in auction sale, buying, handling, sorting, grading, packing, or storing green leaf tobacco of type 32 (as such type is defined by the Secretary of Agriculture), or “(C) in auction sale, buying, handling, stripping, sorting, grading, sizing, packing, or stemming prior to packing, of perishable cigar leaf tobacco of type 41, 42, 43, 44, 45, 46, 51, 52, 53, 54, 55, 61, or 62 (as such types are defined by the Secretary of Agriculture); and “(2) receives for— “(A) such employment by such employer which is in excess of ten hours in any workday, and “(B) such employment by such employer which is in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. An employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section.”. (b) (1) Section 13(a)(14) is repealed.

Repeal.

29 USC 213.

 (2) Section 13(b) is amended by adding after the paragraph added by section 7 (b)(4) of this Act the following new paragraph: “(22) any agricultural employee employed in the growing and harvesting of shade-grown tobacco who is engaged in the processing (including, but not limited to, drying, curing, fermenting, bulking, rebulking, sorting, grading, aging, and baling) of such tobacco, prior to the stemming process, for use as cigar wrapper tobacco; or”.
telegraph agency employees Sec. 10. (a) Section 13(a)(11) (relating to telegraph agency

Repeal.

 employees) is repealed. (b) (1) Section 13(b) is amended by adding after the paragraph

Supra.

 added by section 9(b)(2) of this Act the following new paragraph: “(23) any employee or proprietor in a retail or service establishment which qualifies as an exempt retail or service establishment under paragraph (2) of subsection (a) with respect to whom the provisions of sections 6 and 7 would not otherwise

Ante, pp, 55, 60.

 apply, who is engaged in handling telegraphic messages for the public under an agency or contract arrangement with a telegraph company where the telegraph message revenue of such agency does not exceed $500 a month, and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed; or”. (2) Effective one year after the effective date of the Fair Labor

Effective date.

Supra.

 Standards Amendments of 1974, section 13(b)(23) is amended by striking out “forty-eight hours” and inserting in lieu thereof “forty-four hours”. 88 Stat. 64

Repeal; effective date.

Ante, p. 63.

(3) Effective two years after such date, section 13(b)(23) is repealed.
seafood canning and processing employees Sec. 11.

29 USC 213.

 (a) Section 13(b)(4)(relating to fish and seafood processing employees) is amended by inserting “who is” after “employee”, and by inserting before the semicolon the following: “, and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed”.

Effective date.

(b) Effective one year after the effective date of the Fair Labor Standards Amendments of 1974, section 13(b)(4) is amended by striking out “forty-eight hours” and inserting in lieu thereof “forty-four hours”.

Repeal; effective date.

(c) Effective two years after such date, section 13(b)(4) is repealed.
nursing home employees Sec. 12. (a) Section 13(b)(8)(insofar as it relates to nursing home employees) is amended by striking out “any employee who (A) is employed by an establishment which is an institution (other than a hospital) primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises” and the remainder of that paragraph.

29 USC 207.

(b) Section 7(j) is amended by inserting after “a hospital” the following: “or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises”.
hotel, motel, and restaurant employees and tipped employees Sec. 13.

Supra.

 (a) Section 13(b)(8)(insofar as it relates to hotel, motel, and restaurant employees) (as amended by section 12) is amended (1) by striking out “any employee” and inserting in lieu thereof “(A) any employee (other than an employee of a hotel or motel who performs maid or custodial services) who is”, (2) by inserting before the semicolon the following: “ana who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed”, and (3) by adding after such section the following: “(B) any employee of a hotel or motel who performs maid or custodial services and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed; or”.

Effective date.

(b) Effective one year after the effective date of the Fair Labor Standards Amendments of 1974, subparagraphs (A) and (B) of section 13(b)(8) are each amended by striking out “forty-eight hours” and inserting in lieu thereof “forty-six hours”.

Effective date.

(c) Effective two years after such date, subparagraph (B) of section 13(b)(8) is amended by striking out “forty-six hours” and inserting in lieu thereof “forty-four hours”.

Repeal; effective date.

(d) Effective three years after such date, subparagraph (B) of section 13(b)(8) is repealed and such section is amended by striking out “(A)”.

29 USC 203.

(e) The last sentence of section 3(m) is amended to read as follows: “In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an 88 Stat. 65amount in excess of 50 per centum of the applicable minimum wage rate, except that the amount of the increase on account of tips determined by the employer may not exceed the value of tips actually received by the employee. The previous sentence shall not apply with respect to any tipped employee unless (1) such employee has been informed by the employer of the provisions of this subsection, and (2) all tips received by such employee have been retained by the employee, except that this subsection shall not be construed to prohibit the pooling of tips among employees who customarily and regularly receive tips.”.
salesmen, partsmen, and mechanics Sec. 14. Section 13(b)(10)(relating to salesmen, partsmen, and

29 USC 213.

 mechanics) is amended to read as follows: “(10) (A) any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles, trucks, or farm implements, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling such vehicles or implements to ultimate purchaser’s; or “(B) any salesman primarily engaged in selling trailers, boats, or aircraft, if he is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers; or”.
food service establishment employees Sec. 15. (a) Section 13(b)(18)(relating to food service and catering employees) is amended by inserting immediately before the semicolon the following: “and who receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed”. (b) Effective one year after the effective date of the Fair Labor

Effective date.

 Standards Amendments of 1974, such section is amended by striking out “forty-eight hours” and inserting in lieu thereof “forty-four hours”, (c) Effective two years after such date, such section is repealed.

Repeal; effective date.
bowling employees Sec. 16. (a) Effective one year after the effective date of the Fair

Effective date.

 Labor Standards Amendments of 1974, section 13(b)(19)(relating to employees of bowling establishments) is amended by striking out “forty-eight hours” and inserting in lieu thereof “forty-four hours”. (b) Effective two years after such date, such section is repealed.

Repeal; effective date.
substitute parents for institutionalized children Sec. 17. Section 13(b) is amended by inserting after the paragraph

Ante, p. 63.

 added by section 10(b)(1) of this Act the following new paragraph: “(24) any employee who is employed with his spouse by a non-profit educational institution to serve as the parents of children— “(A) who are orphans or one of whose natural parents is deceased, or “(B) who are enrolled in such institution and reside in residential facilities of the institution, while such children are in residence at such institution, if such employee and his spouse reside in such facilities, receive, without cost, board and lodging from such institution, and are together compensated, on a cash basis, at an annual rate of not less than $10,000; or”.
88 Stat. 66
employees of conglomerates Sec. 18.

29 USC 213.

 Section 13 is amended by adding at the end thereof the following:

Ante, p. 55.

“(g) The exemption from section 6 provided by paragraphs (2) and (6) of subsection (a) of this section shall not apply with respect to any employee employed by an establishment (1) which controls, is controlled by, or is under common control with, another establishment the activities of which are not related for a common business purpose to, but materially support the activities of the establishment employing such employee; and (2) whose annual gross volume of sales made or business done, when combined with the annual gross volume of sales made or business done by each establishment which controls, is controlled by, or is under common control with, the establishment employing such employee, exceeds $10,000,000 (exclusive of excise taxes at the retail level which are separately stated), except that the exemption from section 6 provided by paragraph (2) of subsection (a) of this section shall apply with respect to any establishment described in this subsection which has an annual dollar volume of sales which would permit it to qualify for the exemption provided in paragraph (2) of subsection (a) if it were in an enterprise described in

Ante, p. 59.

section 3(s).”.
seasonal industry employees Sec. 19.

29 USC 207.

 (a) Section 7(c) and 7(d) are each amended— (1) by striking out “ten workweeks” and inserting in lieu thereof “seven workweeks”, and (2) by striking out “fourteen workweeks” and inserting in lieu thereof “ten workweeks”. (b) Section 7(c) is amended by striking out “fifty hours” and inserting in lieu thereof “forty-eight hours”.

Effective date.

(c) Effective January 1, 1975, sections 7(c) and 7(d) are each amended— (1) by striking out “seven workweeks” and inserting in lieu thereof “five workweeks”, and (2) by striking out “ten workweeks” and inserting in lieu thereof “seven workweeks”.

Effective date.

(d) Effective January 1, 1976, sections 7(c) and 7(d) are each amended— (1) by striking out “five workweeks” and inserting in lieu thereof “three workweeks”, and (2) by striking out “seven workweeks” and inserting in lieu thereof “five workweeks”.

Repeal; effective date.

(e) Effective December 31, 1976, sections 7(c) and 7(d) are repealed.
cotton ginning and sugar processing employees Sec. 20. (a) Section 13(b)(15) is amended to read as follows: “(15) any employee engaged in the processing of maple sap into sugar (other than refined sugar) or syrup; or”.

Ante, p. 65.

(b) (1) Section 13(b) is amended by adding after paragraph (24) the following new paragraph: “(25) any employee who is engaged in ginning of cotton for market in any place of employment located in a county where cotton is grown in commercial quantities and who receives compensation for employment in excess of— “(A) seventy-two hours in any workweek for not more than six workweeks in a year, 88 Stat. 67 “(B) sixty-four hour’s in any workweek for not more than four workweeks in that year, “(C) fifty-four hours in any workweek for not more than two workweeks in that year, and “(D) forty-eight hours in any other workweek in that year, at a rate not less than one and one-half times the regular rate at which he is employed; or”. (2) Effective January 1, 1975, section 13(b)(25) is amended—

Effective date.

Ante, p. 66.

 (A) by striking out “seventy-two” and inserting in lieu thereof “sixty-six”; (B) by striking out “sixty-four” and inserting in lieu thereof “sixty”; (C) by striking out “fifty-four” and inserting in lieu thereof “fifty”; (D) by striking out “and” at the end of subparagraph (C); and (E) by striking out “forty-eight hours in any other workweek in that year,” and inserting in lieu thereof the following: “forty-six hours in any workweek for not more than two workweeks in that year, and “(E) forty-four hours in any other workweek in that year,”. (3) Effective January 1, 1976, section 13(b)(25) is amended—

Effective date.

Supra.

 (A) by striking out “sixty-six” in subparagraph (A) and inserting in lieu thereof “sixty”; (B) by striking out “sixty” in subparagraph (B) and inserting in lieu thereof “fifty-six”; (C) by striking out “fifty” and inserting in lieu thereof “forty-eight”; (D) by striking out “forty-six” and inserting in lieu thereof “forty-four”; and (E) by striking out “forty-four” in subparagraph (E) and inserting in lieu thereof “forty”. (c) (1) Section 13(b) is amended by adding after paragraph (25)

Ante, p. 66.

 the following new paragraph: “(26) any employee who is engaged in the processing of sugar beets, sugar beet molasses, or sugarcane into sugar (other than refined sugar) or syrup and who receives compensation for employment in excess of— “(A) seventy-two hours in any workweek for not more than six workweeks in a year, “(B) sixty-four hours in any workweek for not more than four workweeks in that year. “(C) fifty-four hours in any workweek for not more than two workweeks in that year, and “(D) forty-eight hours in any other workweek in that year, at a rate not less than one and one-half times the regular rate at which he is employed; or”. (2) Effective January 1, 1975, section 13(b)(26) is amended—

Effective date.

Supra.

 (A) by striking out “seventy-two” and inserting in lieu thereof “sixty-six”; (B) by striking out “sixty-four” and inserting in lieu thereof “sixty”; (C) by striking out “fifty-four” and inserting in lieu thereof “fifty”; (D) by striking out “and” at the end of subparagraph (C); and 88 Stat. 68 (E) by striking out “forty-eight hours in any other workweek in that year,” and inserting in lieu thereof the following: “forty-six hours in any workweek for not more than two workweeks in that year, and “(E) forty-four hours in any other workweek in that year,”.

Effective date.

Ante, p. 67.

(3) Effective January 1, 1976, section 13(b)(26) is amended— (A) by striking out “sixty-six” in subparagraph (A) and inserting in lieu thereof “sixty”; (B) by striking out “sixty” in subparagraph (B) and inserting in lieu thereof “fifty-six”; (C) by striking out “fifty” and inserting in lieu thereof “forty-eight”; (D) by striking out “forty-six” and inserting in lieu thereof “forty-four”; and (E) by striking out “forty-four” in subparagraph (E) and inserting in lieu thereof “forty”.
local transit employees Sec. 21. (a) Section 7 is amended by adding after the subsection

Ante, p. 62.

added by section 9(a) of this Act the following new subsection: “(n) In the case of an employee of an employer engaged hi the business of operating a street, suburban or interurban electric railway, or local trolley or motorbus carrier (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee’s employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee’s regular employment.”

29 USC 213.

(b) (1) Section 13(b)(7)(relating to employees of street, suburban or interurban electric railways, or local trolley or motorbus carriers) is amended by striking out “, if the rates and services of such railway or carrier are subject to regulation by a State or local agency” and inserting hi lieu thereof the following: “ (regardless of whether or not such railway or carrier is public or private or operated for profit or not for profit), if such employee receives compensation for employment in excess of forty-eight hours in any workweek at a rate not less than one and one-half times the regular rate at which he is employed”.

Effective date.

(2) Effective one year after the effective date of the Fair Labor Standards Amendments of 1974, such section is amended by striking out “forty-eight hours” and inserting in lieu thereof “forty-four hours”.

Repeal; effective date.

(3) Effective two years after such date, such section is repealed.
cotton and sugar services employees Sec. 22.

Ante, p. 66.

 Section 13 is amended by adding after the subsection added by section 18 the following:

Supra.

“(h) The provisions of section 7 shall not apply for a period or periods of not more than fourteen workweeks in the aggregate in any calendar year to any employee who— “(1) is employed by such employer— “(A) exclusively to provide, services necessary and incidental to the ginning of cotton in an establishment primarily engaged in the ginning of cotton; 88 Stat. 69 “(B) exclusively to provide services necessary and incidental to the receiving, handling, and storing of raw cotton and the compressing of raw cotton when performed at a cotton warehouse or compress-warehouse facility, other than one operated in conjunction with a cotton mill, primarily engaged in storing and compressing; “(C) exclusively to provide services necessary and incidental to the receiving, handling, storing, and processing of cottonseed in an establishment primarily engaged in the receiving, handling, storing, and processing of cottonseed; or “(D) exclusively to provide services necessary and incidental to the processing of sugar cane or sugar beets in an establishment primarily engaged in the processing of sugar cane or sugar beets; and “(2) receives for— “(A) such employ merit by such employer which is in excess of ten Lours in any workday, and “(B) such employment by such employer which is in excess of forty-eight hours in any workweek, compensation at a rate not less than one and one-half times the regular rate at which he is employed. Any employer who receives an exemption under this subsection shall not be eligible for any other exemption under this section or Section 7.”.

Ante, p. 68.
other exemptions Sec. 23. (a) (1) Section 13(a)(9)(relating to motion picture theater

Repeal.

29 USC 213.

 employees) is repealed. (2) Section 13(b) is amended by adding after paragraph (26) the following new paragraph:

Ante, p. 67.

 “(27) any employee employed by an establishment which is a motion picture theater; or. (b) (1) Section 13(a)(13)(relating to small logging crews) is

Repeal.

 repealed. (2) Section 13(b) is amended by adding after paragraph (27) the following new paragraph: “(28) any employee employed in planting or tending trees, cruising, surveying, or felling timber, or in preparing or transporting logs or other forestry products to the mill, processing plant, railroad, or other transportation terminal, if the number of employees employed by his employer in such forestry or lumbering operations does not exceed eight.”. (c) Section 13(b)(2)(insofar as it relates to pipeline employees) is amended by inserting after “employer” the following: “engaged in the operation of a common carrier by rail and”.
employment of students Sec. 24. (a) Section 14 is amended by striking out subsections (a),

29 USC 214.

 (b), and (c) and inserting in lieu thereof the following:
“Sec. 14. (a) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by regulations or by orders provide for the employment of learners, of apprentices, and of messengers employed primarily in delivering letters and messages, under special certificates issued pursuant to regulations of the Secretary, at such wages lower than the minimum wage applicable under section 6 and subject to such limitations as to time, number, proportion,

Ante, p. 55.

 and length of service as the Secretary shall prescribe. “(b) (1) (A) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special 88 Stat. 70certificate issued under a regulation or order provide, in accordance with subparagraph (B), for the employment, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect

Ante, p. 55.

under section 6 or not less than $1.60 an hour, whichever is the higher (or in the case of employment in Puerto Rico or the Virgin Islands

Ante, p. 56.

not described in section 5(e), at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under section

29 USC 206.

6(c)), of full-time students (regardless of age but in compliance with applicable child labor laws) in retail or service establishments. “(B) Except as provided in paragraph (4)(B), during any month in which full-time students are to be employed in any retail or service establishment under certificates issued under this subsection the proportion of student hours of employment to the total hours of employment of all employees in such establishment may not exceed— “(i) in the case of a retail or service establishment whose employees (other than employees engaged in commerce or in the production of goods for commerce) were covered by this Act before the effective date of the Fair Labor Standards Amendments of 1974— “(I) the proportion of student hours of employment to the total hours of employment of all employees in such establishment for the corresponding month of the immediately preceding twelve-month period, “(II) the maximum proportion for any corresponding month of student hour’s of employment to the. total hours of employment of all employees in such establishment applicable to the issuance of certificates under this section at any time before the effective date of the Fair Labor Standards Amendments of 1974 for the employment of students by such employer, or “(III) a proportion equal to one-tenth of the total hours of employment of all employees in such establishment, whichever is greater; “(ii) in the case of retail or service establishment whose employees (other than employees engaged in commerce or in the production of goods for commerce) are covered for the first time on or after the effective date of the Fair Labor Standards Amendments of 1974— “(I) the proportion of hours of employment of students in such establishment to the total hours of employment of all employees in such establishment for the corresponding month of the twelve-month period immediately prior to the effective date of such Amendments, “(II) the proportion of student hours of employment to the total hours of employment of all employees in such establishment for the corresponding month of the immediately preceding twelve-month period, or “(III) a proportion equal to one-tenth of the total hours of employment of all employees in such establishment, whichever is greater; or “(iii) in the case of a retail or service establishment for which records of student hours worked are not available, the proportion of student hours of employment to the total hours of employment of all employees based on the practice during the immediately preceding twelve-month period in (I) similar establishments of the same employer in the same general metropolitan area in which such establishment is located, (II) similar establishments of the same or nearby communities if such establish-88 Stat. 71ment is not in a metropolitan area, or (III) other establishments of the same general character operating in the community or the nearest comparable community. For purpose of clauses (i), (ii), and (iii) of this subparagraph, the

“Student hours of employment.”

 term ‘student hours of employment’ means hours during which students are employed in a retail or service establishment under certificates issued under this subsection. “(2) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special certificate issued under a regulation or order provide for the employment, at a wage rate not less than 85 per centum of the wage rate in effect under section 6(a)(5) or not less than $1.30 an hour, whichever is the higher

Ante, p. 56.

 (or in the case of employment in Puerto Rico or the Virgin Islands not described in section 5(e), at a wage rate not less than 85 per centum of the wage rate in effect under section 6(c)), of full-time students

29 USC 206.

 (regardless of age but in compliance with applicable child labor laws) in any occupation in agriculture. “(3) The Secretary, to the extent necessary in order to prevent curtailment of opportunities for employment, shall by special certificate issued under a regulation or order provide for the employment by an institution of higher education, at a wage rate not less than 85 per centum of the otherwise applicable wage rate in effect under section 6 or not less than $1.60 an hour, whichever is the higher (or in the case of employment in Puerto Rico or the Virgin Islands not described in section 5 (e), at a wage rate not less than 85 per centum of the wage rate in effect under section 6(c)), of full-time students (regardless of age but in compliance with applicable child labor laws) who are enrolled in such institution. The Secretary shall by regulation prescribe standards

Regulations.

 and requirements to insure that this paragraph will not create a substantial probability of reducing the full-time employment opportunities of persons other than those to whom the minimum wage rate authorized by this paragraph is applicable. “(4) (A) A special certificate issued under paragraph (1), (2), or (3) shall provide that the student or students for whom it is issued shall, except during vacation periods, be employed on a part-time basis and not in excess of twenty hours in any workweek. “(B) If the issuance of a special certificate under paragraph (1) or (2) for an employer will cause the number of students employed by such employer under special certificates issued under this subsection to exceed four, the Secretary may not issue such a special certificate for the employment of a student by such employer unless the Secretary finds employment of such student will not create a substantial probability of reducing the full-time employment opportunities of persons other than those employed under special certificates issued under this subsection. If the issuance of a special certificate under paragraph (1) or (2) for an employer will not cause the number of students employed by such employer under special certificates issued under this subsection to exceed four— “(i) the Secretary may issue a special certificate under paragraph (1) or (2) for the employment of a student by such employer if such employer certifies to the Secretary that the employment of such student will not reduce the full-time employment opportunities of persons other than those employed under special certificates issued under this subsection, and “(ii) in the case of an employer which is a retail or service establishment, subparagraph (B) of paragraph (1) shall not apply with respect to the issuance of special certificates for such employer under such paragraph. 88 Stat. 72 The requirement of this subparagraph shall not apply in the case of the issuance of special certificates under paragraph (3) for the employment of full-time students by institutions of higher education; except that if the Secretary determines that an institution of higher education is employing students under certificates issued under paragraph (3) but in violation of the requirements of that paragraph or of regulations issued thereunder, the requirements of this subparagraph shall apply with respect to the issuance of special certificates under paragraph (3) for the employment of students by such institution. “(C) No special certificate may be issued under this subsection unless the employer for whom the certificate is to be issued provides evidence satisfactory to the Secretary of the student status of the employees to be employed under such special certificate.”

Ante, p. 69.

(b) Section 14 is further amended by redesignating subsection (d) as subsection (c) and by adding at the end the following new subsection: “(d) The Secretary may by regulation or order provide that sections

Ante, pp. 60, 68.

6 and 7 shall not apply with respect to the employment by any elementary or secondary school of its students if such employment constitutes, as determined under regulations prescribed by the Secretary, an integral part of the regular education program provided by such school and such employment is in accordance with applicable child labor laws.”

29 USC 204.

(c) Section 4(d) is amended by adding at the end thereof the following new sentence: “Such report shall also include a summary of

Ante, p. 69.

the special certificates issued under section 14(b).”
child labor Sec. 25.

29 USC 212.

 (a) Section 12 (relating to child labor) is amended by adding at the end thereof the following new subsection: “(d) In order to carry out the objectives of this section, the Secretary may by regulation require employers to obtain from any employee proof of age.”

29 USC 213.

(b) Section 13(c)(1)(relating to child labor in agriculture) is amended to read as follows: “(c) (1) Except as provided in paragraph (2), the provisions of

Supra.

section 12 relating to child labor shall not apply to any employee employed in agriculture outside of school hours for the school district where such employee is living while he is so employed, if such employee— “(A) is less than twelve years of age and (i) is employed by his parent, or by a person standing in the place of his parent, on a farm owned or operated by such parent or person, or (ii) is employed, with the consent of his parent or person standing in the place of his parent, on a farm, none of the employees of which are (because of section 13(a)(6)(A)) required to be paid at the wage

Ante, p. 56.

rate prescribed by section 6(a)(5), “(B) is twelve years or thirteen years of age and (i) such employment is with the consent of his parent or person standing in the place of his parent, or (ii) his parent or such person is employed on the same farm as such employee, or “(C) is fourteen years of age or older.”.

29 USC 216.

(c) Section 16 is amended by adding at the end thereof the following new subsection:

Penalty.

“(e) Any person who violates the provisions of section 12, relating to child labor, or any regulation issued under that section, shall be subject to a civil penalty of not to exceed $1,000 for each such violation. In determining the amount of such penalty, the appropriateness 88 Stat. 73of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered. The amount of such penalty, when finally determined, may be— “(1) deducted from any sums owing by the United States to the person charged; , “(2) recovered in a civil action brought by the Secretary in any court of competent jurisdiction, in which litigation the Secretary shall be represented by the Solicitor of Labor; or “(3) ordered by the court, in an action brought for a violation of section 15(a)(4), to be paid to the Secretary.

29 USC 215.

 Any administrative determination by the Secretary of the amount of such penalty shall be final, unless within fifteen days after receipt of notice thereof by certified mail the person charged with the violation takes exception to the determination that the violations for which the penalty is imposed occurred, in which event final determination of the penalty shall be made in an administrative proceeding after opportunity for hearing in accordance with section 554 of title 5, United States Code, and regulations to be promulgated by the Secretary. Sums collected as penalties pursuant to this section shall be applied toward reimbursement of the costs of determining the violations and assessing and collecting such penalties, in accordance with the provisions of section 2 of an Act entitled ‘An Act to authorize the Department of Labor to make special statistical studies upon payment of the cost thereof, and for other purposes’ (29 U.S.C. 9a).”
suits by secretary for back wages Sec. 26. The first three sentences of section 16(c) are amended to

29 USC 216.

 read as follows: “The Secretary is authorized to supervise the payment of the unpaid minimum wages or the unpaid overtime compensation owing to any employee or employees under section 6 or 7 of this Act,

Ante, pp. 55, 68.

 and the agreement of any employee to accept such payment shall upon payment in full constitute a waiver by such employee of any right he may have under subsection (b) of this section to such unpaid minimum wages or unpaid overtime compensation and an additional equal amount as liquidated damages. The Secretary may bring an action in any court of competent jurisdiction to recover the amount of the unpaid minimum wages or overtime compensation and an equal amount as liquidated damages. The right provided by subsection (b) to bring an action by or on behalf of any employee and of any employee to become a party plaintiff to any such action shall terminate upon the filing of a complaint by the Secretary in an action under this subsection in which a recovery is sought of unpaid minimum wages or unpaid overtime compensation under sections 6 and 7 or liquidated or other damages provided by this subsection owing to such employee by an employer liable under the provisions of subsection (b), unless such action is dismissed without prejudice on motion of the Secretary.”
economic effects studies Sec. 27. Section 4(d) is amended by—

Ante, p. 72.

 (1) inserting “(1)” immediately after "(d)”, (2) inserting in the second sentence after “minimum wages” the following: “and overtime coverage”; and (3) by adding at the end thereof the following new paragraphs: “(2) The Secretary shall conduct studies on the justification or lack thereof for each of the special exemptions set forth in section 13 of this Act, and the extent to which such exemptions apply to employees

Ante, p. 72.

Ante, p. 66.

 of establishments described in subsection (g) of such section and the economic effects of the application of such exemptions to such 88 Stat. 74

Report to Congress.

employees. The Secretary shall submit a report of his findings and recommendations to the Congress with respect to the studies conducted under this paragraph not later than January 1, 1976. “(3) The Secretary shall conduct a continuing study on means to prevent curtailment of employment opportunities for manpower groups which have had historically high incidences of unemployment (such as disadvantaged minorities, youth, elderly, and such other

Reports to Congress.

groups as the Secretary may designate). The first report of the results of such study shall be transmitted to the Congress not later than one year after the effective date of the Fair Labor Standards Amendments of 1974. Subsequent reports on such study shall be transmitted to the Congress at two-year intervals after such effective date. Each such report, shall include suggestions respecting the Secretary’s authority

Ante, p. 69.

under section 14 of this Act.”.
age discrimination Sec. 28. (a) (1) The first sentence of section 11(b) of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630(b)) is amended by striking out “twenty-five” and inserting in lieu thereof “twenty”. (2) The second sentence of section 11(b) of such Act is amended to read as follows: “The term also means (1) any agent of such a person, and (2) a State or political subdivision of a State and any agency or instrumentality of a State or a political subdivision of a State, and any interstate agency, but such term does not include the United States, or a corporation wholly owned by the Government of the United States.”. (3) Section 11(c) of such Act is amended by striking out “, or an agency of a State or political subdivision of a State, except that such term shall include the United States Employment Service and the system of State and local employment services receiving Federal assistance”.

‘Employee.”

(4) Section 11(f) of such Act is amended to read as follows: “(f) The term ‘employee’ means an individual employed by any employer except that the term ‘employee’ shall not. include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policymaking level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency, or political subdivision.”.

29 USC 634.

(5) Section 16 of such Act. is amended by striking out “$3,000,000” and inserting in lieu thereof “$5,000,000”. (b) (1) The Age Discrimination in Employment Act of 1967 is

29 USC 621 note, 634.

amended by redesignating sections 15 and 16, and all references thereto, as sections 16 and 17, respectively. (2) The Age Discrimination in Employment Act of 1967 is further

29 USC 633.

amended by adding immediately after section 14 the following new section:
“nondiscrimination on account of age in federal government employment “Sec. 15.

29 USC 633a.

 (a) All personnel actions affecting employees or applicants for employment (except with regard to aliens employed outside the limits of the United States) in military departments as defined in 88 Stat. 75section 102 of title 5, United States Code, in executive agencies as defined in section 105 of title 5, United States Code (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Rate Commission, in those units in the government of the District of Columbia having positions in the competitive service, and in those units of the legislative and judicial branches of the Federal Government having positions in the competitive service, and in the Library of Congress shall be made free from any discrimination based on age. “(b) Except as otherwise provided in this subsection, the Civil

Enforcement.

 Service Commission is authorized to enforce the provisions of subsection (a) through appropriate remedies, including reinstatement or hiring of employees with or without backpay, as will effectuate the policies of this section. The Civil Service Commission shall issue such rules, regulations, orders, and instructions as it deems necessary and appropriate to carry out its responsibilities under this section. The Civil Service Commission shall— “(1) be responsible for the review and evaluation of the operation

Reports.

 of all agency programs designed to carry out the policy of this section, periodically obtaining and publishing (on at least a semiannual basis) progress reports from each department, agency, or unit referred to in subsection (a); “(2) consult with and solicit the recommendations of interested individuals, groups, and organizations relating to nondiscrimination in employment on account of age; and “(3) provide for the acceptance and processing of complaints of discrimination in Federal employment on account of age. The head of each such department, agency, or unit shall comply with such rules, regulations, orders, and instructions of the Civil Service Commission which shall include a provision that an employee or applicant for employment shall be notified of any final action taken on any complaint of discrimination filed by him thereunder. Reasonable exemptions to the provisions of this section may be established by the Commission but only when the Commission has established a maximum age requirement on the basis of a determination that age is a bona fide occupational qualification necessary to the performance of the duties of the position. With respect to employment in the Library of Congress, authorities granted in this subsection to the Civil Service Commission shall be exercised by the Librarian of Congress. “(c) Any person aggrieved may bring a civil action in any Federal

Civil actions.

 district court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this Act. “(d) When the individual has not filed a complaint concerning age discrimination with the Commission, no civil action may be commenced by any individual under this section until the individual has given the Commission not less than thirty days’ notice of an intent to file such action. Such notice shall be filed within one hundred and eighty days after the alleged unlawful practice occurred. Upon receiving a notice of intent to sue. the Commission shall promptly notify all persons named therein as prospective defendants in the action and take any appropriate action to assure the elimination of any unlawful practice. “(e) Nothing contained in this section shall relieve any Government agency or official of the responsibility to assure nondiscrimination on account of age in employment as required under any provision of Federal law.”
88 Stat. 76
effective date Sec. 29.

29 USC 202 note.

 (a) Except as otherwise specifically provided, the amendments made by this Act shall take effect on May 1, 1974.

29 USC 202 note.

(b) Notwithstanding subsection (a), on and after the date of the enactment of this Act the Secretary of Labor is authorized to prescribe necessary rules, regulations, and orders with regard to the amendments made by this Act.
Approved April 8, 1974.
Public Law 93–260: To amend certain provisions of law defining widow and widower under the civil service retirement system, and for other purposes. Public Law260 Public Law 93–260 [88 Stat. 76] 1974-04-09 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–260
AN ACT To amend certain provisions of law defining widow and widower under the civil service retirement system, and for other purposes.

April 9, 1974

[S. 2174]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Civil Service retirement system.

Survivor annuities.
That (a) clauses (1)(A) and (2)(A) of section 8341(a) of title 5, United States Code, are amended by striking out “2 years” wherever it appears and inserting in lieu thereof “1 year”. (b) The amendments made by subsection (a) of this section shall not apply in the cases of employees? Members, or annuitants who died before the date of enactment of this Act, The rights of such individuals and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.
Sec. 2.

Annuity computation.

 (a) Section 8339(f)(2) of title 5, United States Code, is amended— (1) by deleting “greater” and inserting “greatest” in place thereof; (2) by deleting the word “or” immediately after the semicolon at the end of clause (A); (3) by redesignating clause (B) as clause (C); and (4) by inserting immediately below clause (A) the following new clause (B): “(B) the average pay of the Member; or”.

Effective date.

5 USC 8339 note.

(b) The amendments made by subsection (a) of this section shall apply to annuities paid for months beginning after the date of enactment of this Act.
Approved April 9, 1974.
Public Law 93–261: Making an urgent supplemental appropriation for the fiscal year ending June 30, 1974, for the Veterans Administration, and for other purposes. Public Law261 Public Law 93–261 [88 Stat. 76] 1974-04-11 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–261
JOINT RESOLUTION Making an urgent supplemental appropriation for the fiscal year ending June 30, 1974, for the Veterans Administration, and for other purposes.

April 11, 1974

[H. J. Res. 941]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Veterans Administration.

Supplemental appropriation.
That the following sum is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1074, namely: VETERANS ADMINISTRATION readjustment benefits For an additional amount for “Readjustment benefits”, $750,000,000, to remain available until expended.
Approved April 11, 1974.
Public Law 93–262: To provide for financing the economic development of Indians and Indian organizations, and for other purposes. Public Law262 Public Law 93–262 [88 Stat. 77] 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 77 Public Law 93–262
AN ACT To provide for financing the economic development of Indians and Indian organizations, and for other purposes.

April 12, 1974

[S. 1341]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may be

Indian Financing Act of 1974.

25 USC 1451 note.

 cited as the “Indian Financing Act of 1974”.
declaration of policy Sec. 2. It is hereby declared to be the policy of Congress to provide

25 USC 1451.

 capital on a reimbursable basis to help develop and utilize Indian resources, both physical and human, to a point where the Indians will fully exercise responsibility for the utilization and management of their own resources and where they will enjoy a standard of living from their own productive efforts comparable to that enjoyed by non-Indians in neighboring communities.
definitions Sec. 3. For the purpose of this Act, the term—

25 USC 1452.

 (a) “Secretary” means the Secretary of the Interior. (b) “Indian” means any person who is a member of any Indian tribe, band, group, pueblo, or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs and any “Native” as defined in the Alaska Native Claims Settlement Act (85 Stat. 688).

43 USC 1602.

 (c) “Tribe” means any Indian tribe, band, group, pueblo, or community, including Native villages and Native groups (including corporations organized by Kenai. Juneau. Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for sendees from the Bureau of Indian Affairs. (d) “Reservation’ includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act. (e) “Economic enterprise” means any Indian-owned (as defined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit: Provided, That such Indian ownership shall constitute not less than 51 per centum of the enterprise. (f) “Organization”, unless otherwise specified, shall be the governing body of any Indian tribe, as defined in subsection (c) hereof, or entity established or recognized by such governing body for the purpose of this Act. (g) “Other organizations” means any non-Indian individual, firm, corporation, partnership, or association.
Sec. 4. No provision of this or any other Act shall be construed to

25 USC 1453.

 terminate or otherwise curtail the assistance or activities of the Small Business Administration or any other Federal agency with respect to any Indian tribe, organization, or individual because of their eligibility for assistance under this Act.
88 Stat. 78 <num value="I">TITLE I—</num> <heading class="inline">INDIAN REVOLVING LOAN FUND</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1461">25 USC 1461</ref>.</p></sidenote> <content class="inline">In order to provide credit that is not available from private money markets, all funds that are now or hereafter a part of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s470">25 USC 470</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s506">25 USC 506</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s634">25 USC 634</ref>.</p></sidenote>revolving fund authorized by the Act of June 18, 1934 (48 Stat. 986), the Act of June 26, 1936 (49 Stat. 1968), and the Act of April 19, 1950 (64 Stat. 44), as amended and supplemented, including sums received in settlement of debts of livestock pursuant to the Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s442/s443">25 USC 442, 443</ref>.</p></sidenote>May 24, 1950 ( 64 Stat. 190), and sums collected in repayment of loans heretofore or hereafter made, and as interest or other charges on loans, shall hereafter be administered as a single Indian Revolving Loan Fund. The fund shall be available for loans to Indians having a form of organization that is satisfactory to the Secretary and for loans to individual Indians who are not members of or eligible for membership in an organization which is making loans to its members: <i>Provided</i>, That, where the Secretary determines a rejection of a loan application from a member of an organization making loans to its membership from moneys borrowed from the fund is unwarranted, he may, in his discretion, make a direct loan to such individual from the fund. The fund shall also be available for administrative expenses incurred in connection therewith.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num><sidenote><p class="firstIndent1 fontsize8">Economic development, promotion.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1462">25 USC 1462</ref>.</p></sidenote> <content class="inline">Loans may be made for any purpose which will promote the economic development of (a) the individual Indian borrower, including loans for educational purposes, and (b) the Indian organization and its members including loans by such organizations to other organizations and investments in other organizations regardless of whether they are organizations of Indians: <i>Provided</i>, That not more than 50 per centum of loan made to an organization shall be used by such organization for the purpose of making loans to or investments in non-Indian organizations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1463">25 USC 1463</ref>.</p></sidenote> <content class="inline">Loans may be made only when, in the judgment of the Secretary, there is a reasonable prospect of repayment, and only to applicants who in the opinion of the Secretary are unable to obtain financing from other sources on reasonable terms and conditions.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num><sidenote><p class="firstIndent1 fontsize8">Interest rate.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1464">25 USC 1464</ref>.</p></sidenote> <content class="inline">Loans shall be for terms that do not exceed thirty years and shall bear interest at (a) a rate determined by the Secretary of the Treasury taking into consideration the market yield on municipal bonds: <i>Provided</i>, That in no event shall the rate be greater than the rate determined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturity, plus (b) such additional charge, if any, toward covering other costs of the program as the Secretary may determine to be consistent with its purpose: <i>Provided</i>, That educational loans may provide for interest, to be deferred while the borrower is in school or in the military service.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1465">25 USC 1465</ref>.</p></sidenote> <content class="inline">The Secretary may cancel, adjust, compromise., or reduce the amount of any loan or any portion thereof heretofore or hereafter made from the revolving loan fund established by this title and its predecessor constituent funds which he determines to be uncollectable in whole or in part, or which is collectable only at an unreasonable cost, or when such action would, in his judgment, be in the best interests of the United States: <i>Provided</i>, That proceedings pursuant to this sentence shall be effective only after following the procedure prescribed by the Act of July 1, 1932 (47 Stat. 564,25 U.S.C. 386a). He may also adjust, compromise, subordinate, or modify the terms of any mortgage, lease, assignment, contract, agreement, or other document taken to secure such loans.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num><sidenote><p class="firstIndent1 fontsize8">Land title.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1466">25 USC 1466</ref>.</p></sidenote> <content class="inline">Title to any land purchased by a tribe or by an individual Indian with loans made, from the revolving loan fund may be taken <page identifier="/us/stat/88/79">88 <inline class="smallCaps">Stat</inline>. 79</page>in trust unless the land is located outside the boundaries of a reservation or a tribal consolidation area approved by the Secretary. Title to any land purchased by a tribe or an individual Indian which is outside the boundaries of the reservation or approved consolidation area may be taken in trust if the purchaser was the owner of trust or restricted interests in the land before the purchase, otherwise title shall be taken in the name of the purchasers without any restriction on alienation, control, or use. Title to any personal property purchased with a loan from the revolving loan fund shall be taken in the name of the purchaser.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">Any organization receiving a loan from the revolving loan<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1467">25 USC 1467</ref>.</p></sidenote> fund shall be required to assign to the United States as security for the loan all securities acquired in connection with the loans made to its members from such funds unless the Secretary determines that the repayment of the loan to the United States is otherwise reasonably assured.</content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">There is authorized to be appropriated, to provide capital<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1468">25 USC 1468</ref>.</p></sidenote> and to restore any impairment of capital for the revolving loan fund $50,000,000 exclusive of prior authorizations and appropriations.</content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <content class="inline">The Secretary shall promulgate rules and regulations to<sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1469">25 USC 1469</ref>.</p></sidenote> carry out the provisions of this title.</content> </section> <num value="II">TITLE II—</num> <heading class="inline">LOAN GUARANTY AND INSURANCE</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">In order to provide access to private money sources which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1481">25 USC 1481</ref>.</p></sidenote> otherwise would not be available, the Secretary is authorized (a) to guarantee not to exceed 90 per centum of the unpaid principal and interest due on any loan made to any organization of Indians having a form or organization satisfactory to the Secretary, and to individual Indians who are not members of or eligible for membership in an organization which is making loans to its members; and (b) in lieu of such guaranty, to insure loans under an agreement approved by the Secretary whereby the lender will be reimbursed for losses in an amount not to exceed 15 per centum of the aggregate of such loans made by it, but not to exceed 90 per centum of the loss on any one loan.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">The Secretary shall fix such premium charges for the<sidenote><p class="firstIndent1 fontsize8">Premium charges.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1482">25 USC 1482</ref>.</p></sidenote> insurance and guarantee of loans as are in his judgment adequate to cover expenses and probable losses, and deposit receipts from such charges in the Indian Loan Guaranty and Insurance Fund established pursuant to section 217(a) of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <content class="inline">Loans guaranteed or insured pursuant to this title shall<sidenote><p class="firstIndent1 fontsize8">Interest rate.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1483">25 USC 1483</ref>.</p></sidenote> bear interest (exclusive of premium charges for insurance, and service charge, if any) at rates not to exceed such per centum per annum on the principal obligation outstanding as the Secretary determines to be reasonable taking into consideration the range of interest rates prevailing in the private market for similar loans and the risks assumed by the United States.</content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">The application for a loan to be guaranteed hereunder shall<sidenote><p class="firstIndent1 fontsize8">Application.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1484">25 USC 1484</ref>.</p></sidenote> be submitted to the Secretary for prior approval. Upon approval, the Secretary shall issue a certificate as evidence of the guaranty. Such certificate shall be issued only when, in the judgment of the Secretary, there is a reasonable prospect of repayment. No loan to an individual Indian may be guaranteed or insured which would cause the total unpaid principal indebtedness to exceed $100,000. No loan to an economic enterprise (as defined in section 3) in excess of $100,000, or such lower amount as the Secretary may determine to be appropriate, shall be insured unless prior approval of the loan is obtained from the Secretary.</content> </section> <page identifier="/us/stat/88/80">88 <inline class="smallCaps">Stat</inline>. 80</page> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1485">25 USC 1485</ref>.</p></sidenote> <content class="inline">Any loan guaranteed hereunder, including the security given therefor, may be sold or assigned by the lender to any financial institution subject to examination and supervision by an agency of the United States or of any State or the District of Columbia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1486">25 USC 1486</ref>.</p></sidenote> <content class="inline">Loans made by any agency or instrumentality of the Federal Government, or by an organization of Indians from funds borrowed from the United States, and loans the interest on which is not included in gross income for the purposes of chapter 1 of the Internal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1 <i>et seq</i></ref>.</p></sidenote>Revenue Code of 1954, as amended, shall not be eligible for guaranty or insurance hereunder.</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1487">25 USC 1487</ref>.</p></sidenote> <content class="inline">Any loans insured hereunder shall be restricted to those made by a financial institution subject to examination and supervision by an agency of the United States, a State, or the District of Columbia, and to loans made by Indian organizations from their own funds to other tribes or organizations of Indians.</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1488">25 USC 1488</ref>.</p></sidenote> <content class="inline">Loans guaranteed hereunder may be made by any lender satisfactory to the Secretary, except as provided in section 206. The liability under the guaranty shall decrease or increase pro rata with any decrease or increase in the unpaid portion of the obligation.</content> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1489">25 USC 1489</ref>.</p></sidenote> <content class="inline">Any loan made by any national bank or Federal savings and loan association, or by any bank, trust company, building and loan association, or insurance company authorized to do business in the District of Columbia, at least 20 per centum of which is guaranteed hereunder, may be made without regard to the limitations and restrictions of any other Federal statute with respect to (a) ratio of amount of loan to the value of the property; (b) maturity of loans; (c) requirement of mortgage or other security; (d) priority of lien; or (e) percentage of assets which may be invested in real estate loans.</content> </section> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num><sidenote><p class="firstIndent1 fontsize8">Loans, maturity.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1490">25 USC 1490</ref>.</p></sidenote> <content class="inline">The maturity of any loan guaranteed or insured hereunder shall not exceed thirty years.</content> </section> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num><sidenote><p class="firstIndent1 fontsize8">Defaults.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1491">25 USC 1491</ref>.</p></sidenote> <content class="inline">In the event of a default of a loan guaranteed hereunder, the holder of the guaranty certificate may immediately notify the Secretary in writing of such default and the Secretary shall thereupon pay to such holder the pro rata portion of the amount guaranteed and shall be subrogated to the rights of the holder of the guaranty and receive an assignment of the obligation and security. The Secretary may cancel the uncollectable portion of any obligation, to which he has an assignment or a subrogated right under this section: <i>Provided</i>, That proceedings pursuant to this sentence shall be effective only after following the procedure prescribed by the Act of July 1, 1932 (47 Stat. 564, 25 U.S.C. 386a). Nothing in this section shall be construed to preclude any forbearance for the benefit of the borrower as may be agreed upon by the parties to the loan and approved by the Secretary. The Secretary may establish the date, not later than the date of judgment and decree of foreclosure or sale, upon which accrual of interest or charges shall cease.</content> </section> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num><sidenote><p class="firstIndent1 fontsize8">Losses.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1492">25 USC 1492</ref>.</p></sidenote> <content class="inline">When a lender suffers a loss on a loan insured hereunder, including accrued interest, a claim therefor shall be submitted to the Secretary. If the Secretary finds that the loss has been suffered, he shall reimburse the lender therefor: <i>Provided</i>, That the amount payable to the lender for a loss on any one loan shall not exceed 90 per centum of such loss: <i>Provided further</i>, That no reimbursement may be made for losses in excess of 15 per centum of the aggregate of insured loans made by the lender: <i>Provided further</i>, That before any reimbursement is made, all reasonable collection efforts shall have been exhausted by the lender, and the security for the loan shall have been liquidated to the extent feasible, and the proceeds applied on the debt. Upon reimbursement, in whole or in part, to the lender, the note or judgment evidencing the debt shall be assigned to the United States, <page identifier="/us/stat/88/81">88 <inline class="smallCaps">Stat</inline>. 81</page>and the lender shall have no further claim against the borrower or the United States. The Secretary shall then take such further collection action as may be warranted, or may cancel the uncollectable portion of any debt assigned pursuant hereto. The Secretary may establish a date upon which accrual of interest or charges shall cease.</content> </section> <section class="firstIndent1 fontsize10"> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num> <content class="inline">Whenever the Secretary finds that any lender or holder of<sidenote><p class="firstIndent1 fontsize8">Loan refusal, condition.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1493">25 USC 1493</ref>.</p></sidenote> a guaranty certificate fails to maintain adequate accounting records, or to demonstrate proper ability to service adequately loans guaranteed or insured, or to exercise proper credit judgment, or has willfully or negligently engaged in practices otherwise detrimental to the interests of a borrower or of the United States, he may refuse, either temporarily or permanently, to guarantee or insure any further loans made by such lender or holder, and may bar such lender or holder from acquiring additional loans guaranteed or insured hereunder: <i>Provided</i>, That the Secretary shall not refuse to pay a valid guaranty or insurance claim on loans previously made in good faith.</content> </section> <section class="firstIndent1 fontsize10"> <num value="214"><inline class="smallCaps">Sec</inline>. 214. </num> <content class="inline">Any evidence of guaranty or insurance issued by the Secretary<sidenote><p class="firstIndent1 fontsize8">Eligibility.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1494">25 USC 1494</ref>.</p></sidenote> shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this Act and the amount of such guaranty or insurance: <i>Provided</i>, That nothing in this section shall preclude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation or bar him from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.</content> </section> <section class="firstIndent1 fontsize10"> <num value="215"><inline class="smallCaps">Sec</inline>. 215. </num> <content class="inline">Title to any land purchased by a tribe or by an individual<sidenote><p class="firstIndent1 fontsize8">Land titles.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1495">25 USC 1495</ref>.</p></sidenote> Indian with loans guaranteed or insured pursuant to this title, may be taken in trust, unless the land is located outside the boundaries of a reservation or a tribal consolidation area approved by the Secretary. Title to any land purchased by a tribe or an individual Indian which is outside the boundaries of the reservation or approved consolidation area may be taken in trust if the purchaser was the owner of trust or restricted interests in the land before the purchase, otherwise title shall be taken in the name of the purchaser without any restriction on alienation, control, or use. Title to any personal property purchased with loans guaranteed or insured hereunder shall be taken in the name of the purchaser.</content> </section> <section class="firstIndent1 fontsize10"> <num value="216"><inline class="smallCaps">Sec</inline>. 216. </num> <chapeau class="inline">The financial transactions of the Secretary incident to or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1496">25 USC 1496</ref>.</p></sidenote> arising out of the guarantee or insurance of loans, and the acquisition, management, and disposition of property, real, personal, or mixed, incident to such activities, shall be final and conclusive upon all officers of the Government. With respect to matters arising out of the guaranty or insurance program authorized by this title, and notwithstanding the provisions of any other laws, the Secretary may—</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">sue and be sued in his official capacity in any court of competent jurisdiction;</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">subject to the specific limitations in this title, consent to the modification, with respect to the rate of interest, time of payment on principal or interest or any portion thereof, security, or any other provisions of any note, contract, mortgage, or other instrument securing a loan which has been guaranteed or insured hereunder;</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">subject to the specific limitations in this title, pay, or compromise, any claim on, or arising because of any loan guaranty or insurance;</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">subject to the specific limitations in this title, pay, compromise, waive, or release any right, title, claim, lien, or demand, however acquired, including, but not limited to, any equity or right of redemption;</content> </subsection> <page identifier="/us/stat/88/82">88 <inline class="smallCaps">Stat</inline>. 82</page> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">purchase at any sale, public or private, upon such terms and for such prices as he determines to be reasonable, and take title to property, real, personal, or mixed; and similarly sell, at public or private sale, exchange, assign, convey, or otherwise dispose of such property; and</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">complete, administer, operate, obtain, and pay for insurance on, and maintain, renovate, repair, modernize, lease, or otherwise deal with any property acquired or held pursuant to the guaranty or insurance program authorized by this title.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="217"><inline class="smallCaps">Sec</inline>. 217. </num><sidenote><p class="firstIndent1 fontsize8">Indian Loan Guaranty and Insurance Fund.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1497">25 USC 1497</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is hereby created an Indian Loan Guaranty and Insurance Fund (hereinafter referred to as the “fund”) which shall be available to the Secretary as a revolving fund without fiscal year limitation for carrying out the provisions of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary may use the fund for the purpose of fulfilling the obligations with respect to loans guaranteed or insured under this title, but the aggregate of such loans which are insured or guaranteed by the Secretary shall be limited to $200,000,000.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">All funds, claims, notes, mortgages, contracts, and property acquired by the Secretary under this section, and all collections and proceeds therefrom, shall constitute assets of the fund; and all liabilities and obligations of such assets shall be liabilities and obligations of the fund. The Secretary is authorized to make agreements with respect to servicing loans held, guaranteed, or insured by him under this title and purchasing such guaranteed or insured loans on such terms and conditions as he may prescribe.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Secretary may also utilize the fund to pay taxes, insurance, prior liens, expenses necessary to make fiscal adjustments in connection with the application and transmittal of collections, and other expenses and advances to protect the Secretary for loans which are guaranteed or insured under this title or held by the Secretary, to acquire such security property at foreclosure sale or otherwise, and to pay administrative expenses.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="218"><inline class="smallCaps">Sec</inline>. 218. </num><sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1498">25 USC 1498</ref>.</p></sidenote> <content class="inline">The Secretary shall promulgate rules and regulations to carry out the provisions of this title.</content> </section> <num value="III">TITLE III—</num> <heading class="inline">INTEREST SUBSIDIES AND ADMINISTRATIVE EXPENSES</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1511">25 USC 1511</ref>.</p></sidenote> <content class="inline">The Secretary is authorized under such rules and regulations as he may prescribe to pay as an interest subsidy on loans which are guaranteed or insured under the provisions of title II of this Act amounts which are necessary to reduce the rate payable by the borrower to the rate determined under section 104 of this Act.</content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1512">25 USC 1512</ref>.</p></sidenote> <content class="inline">There are authorized to be appropriated to the Secretary (a) to carry out the provisions of sect ions 217 and 301 of this Act, such sums to remain available until expended, and (b) for administrative expenses under this Act not to exceed $20,000,000 in each of the fiscal years 1975, 1976, and 1977.</content> </section> <num value="IV">TITLE IV—</num> <heading class="inline">INDIAN BUSINESS GRANTS</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num><sidenote><p class="firstIndent1 fontsize8">Indian Business Development Program.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1521">25 USC 1521</ref>.</p></sidenote> <content class="inline">There is established within the Department of the Interior the Indian Business Development Program whose purpose is to stimulate and increase Indian entrepreneurship and employment by providing equity capital through nonreimbursable grants made by the Secretary of the Interior to Indians and Indian tribes to establish and expand profit-making Indian-owned economic enterprises on or near reservations.</content> </section> <page identifier="/us/stat/88/83">88 <inline class="smallCaps">Stat</inline>. 83</page> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">No grant in excess of $50,000, or such lower amount<sidenote><p class="firstIndent1 fontsize8">Conditions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1522">25 USC 1522</ref>.</p></sidenote> as the Secretary may determine to be appropriate, may be made to an Indian or Indian tribe.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">A grant may be made only to an applicant who, in the opinion of the Secretary, is unable to obtain adequate financing for its economic enterprise from other sources: <i>Provided</i>, That prior to making any grant under this title, the Secretary shall assure that, where practical, the applicant has reasonably made available for the economic enterprise funds from the applicant’s own financial resources.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">No grant may be made to an applicant who is unable to obtain at least 60 per centum of the necessary funds for the economic enterprise from other sources.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content class="inline">There are authorized to be appropriated not to exceed the<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1523">25 USC 1523</ref>.</p></sidenote> sum of $10,000,000 for each of the fiscal years 1975, 1976, and 1977 for the, purposes of this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <content class="inline">The Secretary of the Interior is authorized to prescribe<sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1524">25 USC 1524</ref>.</p></sidenote> such rules and regulations as may be necessary to carry out the purposes of this Act.</content> </section> <num value="V">TITLE V</num> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content class="inline">Concurrent with the making or guaranteeing of any loan<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1541">25 USC 1541</ref>.</p></sidenote> under titles I and II and with the making of a grant under title IV of this Act, the purpose of which is to fund the development of an economic enterprise, the Secretary shall insure that the loan or grant applicant shall be provided competent management and technical assistance consistent with the nature of the enterprise being funded.</content> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content class="inline">For the purpose of providing the assistance required under<sidenote><p class="firstIndent1 fontsize8">Agency cooperation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1542">25 USC 1542</ref>.</p></sidenote> section 501, the Secretary is authorized to cooperate with the Small Business Administration and ACTION and other Federal agencies in the use of existing programs of this character in those agencies. In addition, the Secretary is authorized to enter into contracts with private organizations for providing such services and assistance.</content> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content class="inline">For the purpose of entering into contracts pursuant to<sidenote><p class="firstIndent1 fontsize8">Funds, limitation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t25/s1543">25 USC 1543</ref>.</p></sidenote> section 502 of this title, the Secretary’ is authorized to use not to exceed 5 per centum of any funds appropriated for any fiscal year pursuant to section 302 of this Act.</content> </section> Approved April 12, 1974.
Public Law 93–263: To amend the Foreign Sere ice Buildings Act. 1926, to authorise additional appropriations for the fiscal year 1974. Public Law263 Public Law 93–263 [88 Stat. 83] 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–263
AN ACT To amend the Foreign Sere ice Buildings Act. 1926, to authorise additional appropriations for the fiscal year 1974.

April 12, 1974

[H. R. 12465]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (g)

Foreign Service Buildings Act, 1926, amendments.

 of section 4 of the Foreign Service Buildings Act, 1926 (22 U.S.C. 295), is amended— (1) by striking out “$590,000” in subparagraph (1)(A) and inserting in lieu thereof “$631,000”; (2) by striking out “$160,000” in subparagraph (1)(C) and inserting in lieu thereof “$204,000”; (3) by striking out “$2,218,000” in subparagraph (1)(E) and inserting in lieu thereof “$2,287,000”; and (4) by striking out “$45,800,000” and “$21,700,000” in paragraph (2) and inserting in lieu thereof “$48,532,000” and “$23,066,000”, respectively.
Approved April 12, 1974.
Public Law 93–264: To authorize sale of a former Foreign Service consulate building in Venice to Wake Forest University. Public Law264 Public Law 93–264 [88 Stat. 84] 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 84 Public Law 93–264
AN ACT To authorize sale of a former Foreign Service consulate building in Venice to Wake Forest University.

April 12, 1974

[H. R. 12431]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

State Department.

Sale of property to Wake Forest University.
That (a) the Secretary of State is hereby authorized to sell, by quitclaim deed, to Wake Forest University the former consulate office building and residence at Rio Torre-Selle and Canal Grande, in Venice, for the sum of $250,000, subject to such terms and conditions as the Secretary shall prescribe not inconsistent with the provisions of the Foreign Service Buildings Act, 1926. Such $250,000 shall be applied or held pursuant to section

22 USC 300.

9(b) of such Act of 1926. (b) Wake Forest University shall not lease or otherwise alienate this property except in accordance with the terms of this Act, (c) If the university determines that the property is no longer required and wishes to dispose of it, the university will offer the property, by quitclaim deed, to the Secretary of State at a price of $250,000, granting a one-year option at that price, and may only dispose of the property to a third party after written notice from the Secretary of State that, he does not wish to exercise the option, or after the expiration of the year’s option without its being exercised by him. In the event the Secretary shall exercise the option, he shall have one year from the date of exercise in which to make settlement. If the university has made capital improvements to the property during its ownership, such improvements shall be evaluated by the Secretary, and paid to the university in addition to the $250,000 price stated above in compensation therefor.

Federal employees, office space, availability.

(d) Wake Forest University shall provide suitable office space, for United States Government employees on official business in Venice at any time such space is requested by the American Embassy in Rome, or the American Consulate in Milan, in accordance with arrangements to be determined by the parties prior to transfer of title under this Act.
Approved April 12, 1974.
Public Law 93–265: Relating to the constitutional rights of Indians. Public Law265 Public Law 93–265 [88 Stat. 84] 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–265
AN ACT Relating to the constitutional rights of Indians.

April 12, 1974

[S. 969]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Indians.

Constitutional rights, publication of materials.

25 USC 1341.
That subsection (c) of section 701 of title VII of the Act entitled “An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes”, approved April 11, 1968, is amended to read as follows: “(c) There is authorized to be appropriated for carrying out the provisions of this title such sum as may be necessary.”.
Approved April 12, 1974.
Public Law 93–266: To amend the Act entitled “An Act to incorporate the American Hospital of Paris”, approved January 30, 1913 (37 Stat. 654). Public Law266 Public Law 93–266 [88 Stat. 85] 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 85 Public Law 93–266
AN ACT To amend the Act entitled “An Act to incorporate the American Hospital of Paris”, approved January 30, 1913 (37 Stat. 654).

April 12, 1974

[S. 1836]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section 4

American Hospital of Paris.

Board of Governors, membership.

 of the Act entitled “An Act to incorporate the American Hospital of Paris”, approved January 30, 1913 (37 Stat. 654), is amended by deleting “nor more than twenty”. (b) Section 6 of such Act is amended by deleting “an equal number of” wherever it appears therein.
Approved April 12, 1974.
Public Law 93–267: To amend the Act of February 24, 1925, incorporating the American War Mothers, to permit certain stepmothers and adoptive mothers to be members of that organization. Public Law267 Public Law 93–267 [88 Stat. 85] 1974-04-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–267
AN ACT To amend the Act of February 24, 1925, incorporating the American War Mothers, to permit certain stepmothers and adoptive mothers to be members of that organization.

April 12, 1974

[S. 2441]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 7 of

American War Mothers.

Membership, extension.

 the Act entitled “An Act to incorporate the American War Mothers”, approved February 24, 1925, as amended (3fi U.S.C. 97), is amended by inserting after “her son or sons or daughter or daughters of her blood” the following: “, her legally adopted son or sons or legally adopted daughter or daughters, or her stepson or stepsons or stepdaughter or stepdaughters”.
Approved April 12, 1974.
Public Law 93–268: To amend the District of Columbia Revenue Act of 1947 regarding taxability of dividends received by a corporation from insurance companies, banks, and other savings institutions. Public Law268 Public Law 93–268 [88 Stat. 85] 1974-04-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–268
AN ACT To amend the District of Columbia Revenue Act of 1947 regarding taxability of dividends received by a corporation from insurance companies, banks, and other savings institutions.

April 17, 1974

[H. R. 6186]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first proviso

D.C.

Corporate taxation.

 of section 1 of title X of the District of Columbia be venue Act of 19 47 (D.C. Code, sec. 47–1580) is amended to read as follows: “: Provided, however, That, in the case of any corporation, the amount received as dividends from a corporation which is subject to taxation under this subchapter or under title II of the Act entitled “An Act to provide additional revenue for the District of Columbia, and for other purposes”, approved August 17, 1937 (D.C. Code, secs. 47–1801–1808), and, in the case of a corporation not engaged in carrying on any trade or business within the District, interest received by it from a corporation which is subject to taxation under this article or under such title II of such Act shall not be considered as income from sources within the District for purposes of this subchapter; and in the case of any corporation organized as a bank holding company under 88 Stat. 86

12 USC 1841 note.

12 USC 1841 note.

the provisions of the Bank Holding Company Act of 1956 and the Bank Holding Company Act Amendments of 1970, the amount received as dividends from a corporation which is subject to taxation under this article or under the provisions of paragraph (5) or paragraph (7) of section 6 of the Act entitled “An Act making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes”, approved July 1, 1902 (D.C. Code, secs. 47–1701 and 47–1703), and in the case of any such bank holding company not engaged in carrying on any trade or business within the District, interest received by it from a corporation which is subject to taxation under such paragraphs, shall not be considered as income from source., within the District for purposes of this article.”
Sec. 2.

Effective date.

D.C. Code 47–1580 note.

 The amendment made by the first section of this Act shall apply with respect to all taxable years ending after December 31, 1973.
Sec. 3. (a) Part C of title VII of the District of Columbia Self-Government

87 Stat. 821.

and Governmental Reorganization Act is amended by inserting at the end thereof the following:
“political participation in certain elections first held under this act “Sec. 724.

D.C. Code 1–1101 note.

 (a) In order to provide continuity in the government of the District of Columbia during the transition from the appointed government to the elected government provided for under this Act, no person employed by the United States or by the government of the District of Columbia shall be prohibited by reason of such employment— “(1) from being a candidate in the first primary election and general election held under this Act for the office of Mayor or Chairman or member of the Council of the District of Columbia provided for under title IV of this Act, and “(2) if such a candidate, from taking an active part in political management or political campaigns in any election referred to in paragraph (1) of this subsection. “(b) Such candidacy shall be deemed to have commenced on the day such person obtains from the Board of Elections an official nominating petition with his name stamped thereon, and shall terminate— “(1) in the case of such candidate who ceases to be eligible as a nominee for the office with respect to which such petition was obtained by reason of his inability or failure to qualify as a bona fide nominee prior to the expiration of the final date for filing such petition under the election laws of the District of Columbia, on the day following such expiration date; “(2) in the case of such candidate who is elected to any such office with respect to which such nominating petition was obtained, on the day such candidate takes office following the election held with respect thereto; “(3) in the case of such candidate who is defeated in a primary election held to nominate candidates for the office with respect to which such nominating petition was obtained, on the expiration of the thirty day period following the date of such primary election j and “(4) in the case of such candidate who fails to be elected in a general election to any such office with respect to which such nominating petition was obtained, on the expiration of the thirty day period following the date of such election. 88 Stat. 87 “(c) The provisions of this section shall terminate as of January 2,

Termination date.

 1975.”
(b) The table of contents for part C of title VII of such Act is amended by inserting at the end of that part the following new item: “Sec. 724. (c) Section 771(e) of the District of Columbia Self-Government

D.C. Code 121 note.

 and Governmental Reorganization Act is amended by deleting “Part E” and inserting in lieu thereof “Section 724 and part E”.
Sec. 4. (a) Section 7324(d)(4) of title 5, United States Code, is amended to read as follows: “(4) the Mayor of the District of Columbia, the members of the Council of the District of Columbia, or the Chairman of the Council of the District of Columbia, as established by the District of Columbia Self-Government and Governmental Reorganization Act; or”. (b) Notwithstanding any other provision of law, the provisions

5 USC 7324 note.

 of section 7324(a)(2) of title 5, United States Code, shall not be applicable to the Commissioner of the District of Columbia or the members of the District of Columbia Council (including the Chairman and Vice Chairman), as established by Reorganization Plan Numbered 3 of 1967.

5 USC app.

 (c) Section 741 of the District of Columbia Self-Government and

Repeal.

87 Stat. 831.

 Governmental Reorganization Act is repealed.
Approved April 17, 1974.
Public Law 93–269: To wake certain appropriations available for obligation and expenditure until June 30, 1975, and for other purposes. Public Law269 Public Law 93–269 [88 Stat. 87] 1974-04-18 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–269
AN ACT To wake certain appropriations available for obligation and expenditure until June 30, 1975, and for other purposes.

April 18, 1974

[H. R. 12253]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, (a) as used

Office of Education.

Funds, carry-over.

20 USC 1226 note.

Definition.

20 USC 1221 note.

 in this section, the term “applicable program” means any program to which the General Education Provisions Act applies. (b) (1) Notwithstanding any other provision of law. unless enacted in express and specific limitation of the provisions of this section— (A) any funds appropriated to carry out any applicable program for the fiscal year 1973; and (B) any funds appropriated to carry out any applicable program for fiscal year 1974; shall remain available for obligation and expenditure until June 30, 1975. (2) Nothing in this section shall be construed to approve of the withholding from expenditure or the delay in expenditure of any funds appropriated to carry out any applicable program for fiscal year 1973 beyond the period allowed for apportionment under subsection (d) of section 3679 of the Revised Statutes (31 U.S.C. 665).
Sec. 2. Paragraphs (2), (3), (4), and (5) of section 428(a) of the

Student loans, interest subsidy payments.

 Higher Education Act. of 1965, and all references thereto, are redesignated as paragraphs (3), (4), (5), and (6) thereof, respectively, and such section 428(a) is amended by striking out paragraph (1) thereof and inserting in lieu thereof the following:

20 USC 1078.

 “(1) Each student who has received a loan for study at an eligible institution— “(A) which is insured by the Commissioner under this part: 88 Stat. 88 “(B) which was made under a State student loan program (meeting criteria prescribed by the Commissioner), and which was contracted for, and paid to the student, within the period specified by paragraph (5); or “(C) which is insured under a program of a State or of a non-profit private institution or organization which was contracted tor, and paid to the student, within the period specified in paragraph (5), and which— “(i) in the case of a loan insured prior to July 1, 1967, was made by an eligible lender and is insured under a program which meets the requirements of subparagraph (E) of subsection (b)(1) and provides that repayment of such loan shall be in installments beginning not earlier than sixty days after the student ceases to pursue a course of study (as described in subparagraph (D) of subsection (b)(1)) at an eligible institution, or “(ii) in the case of a loan insured after June 30, 1967, is insured under a program covered by an agreement made pursuant to subsection (b). shall be entitled to have paid on his behalf and for his account to the holder of the loan a portion of the interest on such loan at the time of execution of the note or written agreement evidencing such loan under circumstances described in paragraph (2). “(2) (A) Each student qualifying for a portion of an interest payment under paragraph (1) shall— “(i) have provided to the lender a statement from the eligible institution, at which the student has been accepted for enrollment, or at which he is in attendance in good standing (as determined by such institution), which— “(I) sets forth such student’s estimated costs of attendance, and “(II) sets forth such student’s estimated financial assistance; and “(ii) meet the requirements of subparagraph (B).

Qualifications.

“(B) For the purposes of clause (ii) of subparagraph (A), a student shall qualify for a portion of an interest payment under paragraph (1) if such students adjusted family income— “(i) is less than $15,000, and— “(I) the amount of such loan would not cause the total amount of the student’s loans insured by the Commissioner under this part or by a State or nonprofit private institution or organization which has an agreement under subsection (b) to exceed $2,000 in any academic year, or its equivalent, or “(II) the amount of such loan would cause the total amounts of the loans described in clause (I) of this subparagraph of that student to exceed $2,000 in any academic year or its equivalent, and the eligible institution has provided, with respect to the amount of such loans in excess of $2,000, the lender with a statement recommending the amount of such excess; or “(ii) is equal to or greater than $15,000, and the eligible institution has provided the lender with a statement evidencing a determination of need and recommending a loan in the amount of such need.

Definitions.

“(C) For the purposes of paragraph (1) and this paragraph— “(i) a student’s estimated cost of attendance means, for the period for which the loan is sought, the tuition and fees appli-88 Stat. 89cable to such student together with the institution’s estimate of other expenses reasonably related to attendance at such institution, including, but not limited to, the cost of room and board, reasonable commuting costs, and costs for books; “(ii) a student’s estimated financial assistance means, for the period for which the loan is sought, the amount of assistance such student will receive under parts A, C, and E of this title, plus

20 USC 1070, 1087a, 1088.

 other scholarship, grant, or loan assistance; “(iii) the term ‘eligible institution’ when used with respect to a student is the eligible institution at which the student has been accepted for enrollment or, in the case of a student who is in attendance at such an institution is in good standing (as determined by such institution); “(iv) the determination of need and the amount of a loan recommended by an eligible institution under subparagraph (B)(ii) and the amount of loans in excess of $2,000 recommended by an eligible institution under subparagraph (B)(i)(II) with respect to a student shall be determined by subtracting from the estimated cost of attendance at such institution the total of the expected family contribution with respect to such student (as determined by means other than one formulated by the Commissioner under subpart 1 of part A of this title) plus any other resources or student financial assistance reasonably available to such student. “(D) In addition, the Commissioner shall pay an administrative

Administrative cost allowance.

 cost allowance in the amount established by paragraph (3)(B) of this subsection with respect to loans to any student without regard to the borrower’s need. For the purposes of this paragraph, the adjusted family income of a student shall be determined pursuant to regulations of the Commissioner in effect at the time of the execution of the note or written agreement evidencing the loan. Such regulations shall provide for taking into account such factors, including family size, as the Commissioner deems appropriate. In the absence of fraud by the lender, such determination of the need of a student under this paragraph shall be final insofar as it concerns the obligation of the Commissioner to pay the holder of a loan a portion of the interest on the loan.”.
Sec. 3. Section 428(a) of the Higher Education Act of 1965, as

Students, financial evaluation.

Ante, p. 87.

 amended by this Act, is amended by adding at the end thereof the following new paragraph: “(7) Nothing in this or any other Act shall be construed to prohibit or require unless otherwise specifically provided by law, a lender to evaluate the total financial situation of a student making application for a. loan under this part, or to counsel a student with respect to any such loan, or to make a decision based on such evaluation and counseling with respect to the dollar amount of any such loan.”.
Sec. 4. Clause (H) of paragraph 428(b)(1) of the Higher Education Act of 1965 is amended to read as follows:

20 USC 1078.

 “(H) provides that the benefits of the loan insurance program will not be denied any student who is eligible for interest benefits under section 428(a)(1) and (2) except in the case of loans made by an instrumentality of a State or eligible institution;”.
Sec. 5. Section 2(a)(7) of the Emergency Insured Student Loan Act of 1969 is amended by striking out “July 1, 1974” and inserting

20 USC 1078a.

 in lieu thereof “July 1, 1975”.
Sec. 6. The amendments made by section 2 shall be effective forty-five

Effective date.

20 USC 1078 note.

 days after enactment of this Act and be applicable to a loan for which a guarantee commitment is made on or after that date.
Approved April 18, 1974.
Public Law 93–270: To provide financial assistance for research activities for the Study of sudden infant death syndrome, and for other purposes. Public Law270 Public Law 93–270 [88 Stat. 90] 1974-04-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 90 Public Law 93–270
AN ACT To provide financial assistance for research activities for the Study of sudden infant death syndrome, and for other purposes.

April 22, 1974

[S. 1745]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Sudden Infant Death Syndrome Act of 1974.
short title Section 1.

42 USC 300c–11 note.

 This Act may be cited as the “Sudden Infant Death Syndrome Act of 1974”.
sudden infant death syndrome research Sec. 2.

42 USC 289d.

 (a) Section 441 of the Public Health Service Act is amended by striking out “an institute” and inserting in lien thereof “the National Institute of Child Health and Human Development”. (b) (1) Such section 441 is further amended by inserting “(a)” after “Sec. 441.” and by adding at the end thereof the following: “(b) The Secretary shall carry out through the National Institute

42 USC 241.

of Child Health and Human Development, the purposes of section 301 with respect to the conduct and support of research which specifically relates to sudden infant death syndrome.”

42 USC 289g.

(2) Section 444 of such Act is amended (1) by striking out “The Surgeon General” each place it. occurs and inserting in lieu thereof “The Secretary”, and (2) by striking out “the Surgeon General shall, with the approval of the Secretary” in the first sentence and inserting in lieu thereof “the Secretary shall, in accordance with section 441(b),”

Reports to congressional committees.

42 USC 289g note.

(c) (1) Within ninety days following the close of the fiscal year ending June 30, 1975, and the close of each of the next two fiscal years, the Secretary shall report to the Committees on Appropriations of the Senate and the House of Representatives and to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives the following information for such fiscal year: (A) The (i) number of applications approved by the Secretary in the fiscal year reported on for grants and contracts under

42 USC 201 note.

the Public Health Service Act for research which relates specifically to sudden infant death syndrome, (ii) total amount requested under such applications, (iii) number of such applications for which funds were provided in such fiscal year, and (iv) total amount of such funds. (B) The (i) number of applications approved by the Secretary in such fiscal year for grants and contracts under the Public Health Service Act for research which relates generally to sudden infant death syndrome, (ii) total amount requested under such applications, (iii) number of such applications for which funds were provided in such fiscal year, and (iv) total amount of such funds. Each such report shall contain an estimate of the need for additional funds for grants or contracts under the Public Health Service Act for research which relates specifically to sudden infant death syndrome.

Funds, estimate, transmittal to congressional committees.

(2) Within five days after the Budget is transmitted by the President to the Congress for the fiscal year ending June 30, 1976, and for each of the next two fiscal years, the Secretary shall transmit to the Committees on Appropriations of the House of Representatives and 88 Stat. 91the Senate, the Committee on Labor and Public Welfare of the Senate, and the Committee on Interstate and Foreign Commerce of the House of Representatives an estimate of the amount requested for the National Institutes of Health for research relating to sudden infant death syndrome and a comparison of that amount with the amount requested for the preceding fiscal year.
counseling, information, educational and statistical programs Sec. 3. (a) Title XI of the Public Health Service Act is amended

42 USC 300b.

 by adding at the end thereof the following new part: “Part C— Sudden Infant Death Syndrome
“sudden infant death syndrome counseling, information, educational, and statistical programs “Sec. 1121. (a) The Secretary, through the. Assistant Secretary for

42 USC 300c–11.

 Health, shall carry out a program to develop public information and professional educational materials relating to sudden infant death syndrome and to disseminate such information and materials to persons providing health care, to public safety officials, and to the public generally. “(b) (1) The Secretary may make grants to public and nonprofit

Grants.

 private entities, and enter into contracts with public and private entities, for projects which include both— “(A) the collection, analysis, and furnishing of information (derived from post mortem examinations and other means) relating to the causes of sudden infant death syndrome; and “(B) the provision of information and counseling to families affected by sudden infant death syndrome. “(2) No grant may be made or contract entered into under this subsection

Applications.

 unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information as the Secretary shall by regulation prescribe. Each application shall— “(A) provide that the project for which assistance under this subsection is sought will be administered by or under supervision of the applicant; “(B) provide for appropriate community representation in the development and operation of such project; “(C) set forth such fiscal controls and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this subsection; and “(D) provide for making such reports in such form and containing such information as the Secretary may reasonably require. “(3) Payments under grants under this subsection may be made in

Payments.

 advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary. “(4) Contracts under this subsection may be entered into without regard to sections 3648 through 3709 of the Revised Statutes (31 U.S.C. 529; 44 U.S.C. 5).

41 USC 5.

Appropriation.

 “(5) For the purpose of making payments pursuant to grants and contracts under this subsection, there are authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, $3,000,000 for the fiscal year ending June 30, 1976, and $4,000,000 for the fiscal year ending June 30, 1977. 88 Stat. 92

Reports to congressional committees.

“(c) The Secretary shall submit, not later than January 1, 1976, a comprehensive report to the Committee on Labor and Public Welfare of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives respecting the administration of this section and the results obtained from the programs authorized by it.”
(b) The title of such title XI is amended by adding at the end thereof “AND SUDDEN INFANT DEATH SYNDROME”.
Approved April 22, 1974.
Public Law 93–271: To abolish the position of Commissioner of Fish and Wildlife, and for other purposes. Public Law271 Public Law 93–271 [88 Stat. 92] 1974-04-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–271
AN ACT To abolish the position of Commissioner of Fish and Wildlife, and for other purposes.

April 22, 1974

[H. R. 13542]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Fish and Wildlife Act of 1956, amendments.
That section 3 of the Fish and Wildlife Act of 1956 (16 U.S.C. 742b) is amended— (1) by striking out “, and the position of Commissioner of Fish and Wildlife” in the first sentence of subsection (a); (2) by striking out all of that part of subsection (a) which follows the second sentence thereof; and (3) by striking out subsections (b) through (f) and inserting in lieu thereof the following: “(b) There is established within the Department of the Interior the United States Fish and Wildlife Service. The functions of the United States Fish and Wildlife Service shall be administered under the supervision of the Director, who shall be subject to the supervision of the Assistant Secretary for Fish and Wildlife. The Director of the United States Fish and Wildlife Service shall be. appointed by the President, by and with the advice and consent, of the Senate.. No individual may be appointed as the Director unless he is, by reason of scientific education and experience, knowledgeable in the principles of fisheries and wildlife, management. “(c) The United States Fish and Wildlife Service established by subsection (b) shall succeed to and replace the United States Fish and Wildlife Service (as constituted on June 30, 1974) and the Bureau of Sport Fisheries and Wildlife (as constituted on such date). All laws and regulations in effect on June 30, 1974, which relate to matter’s administered by the Department of the Interior through the United States Fish and Wildlife Service (as constituted on such date) and the Bureau of Sport Fisheries and Wildlife (as constituted on such date) shall remain in effect. “(d) All functions and responsibilities placed in the Department of the Interior or any official thereof by this Act shall be included among the functions and responsibilities of the Secretary of the Interior, as the head of the Department, and shall be carried out under his direction pursuant to such procedures or delegations of authority as he may deem advisable and in the public interest.”
Sec. 2. Paragraph (42) of section 5316 of title 5, United States Code, is amended by striking out “Commissioner of Fish and Wildlife” and inserting in lieu thereof “Director. United States Fish and Wildlife Service”.
Sec. 3.

Effective date.

16 USC 742 note.

 The amendments made by this Act shall take effect on July 1, 1974.
Approved April 22, 1974.
Public Law 93–272: To amend the District of Columbia Self-Government and Governmental Reorganization Act to clarify the provision relating to the referendum on the issue of the advisory neighborhood councils. Public Law272 Public Law 93–272 [88 Stat. 93] 1974-04-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 93 Public Law 93–272
AN ACT To amend the District of Columbia Self-Government and Governmental Reorganization Act to clarify the provision relating to the referendum on the issue of the advisory neighborhood councils.

April 24, 1974

[H. R. 12109]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first paragraph

D.C.

Advisory neighborhood councils.

Referendum clarification.

D.C. Code 1–121 note.

 of the matter on the referendum ballot relating to the advisory neighborhood councils, appearing in section 703(a) of the District of Columbia Self-Government and Governmental Reorganization Act is amended to read as follows:

“In addition, the Act referred to above authorizes the establishment of advisory neighborhood councils if a majority of the registered qualified voters of the District voting on this issue in this referendum vote for the establishment of such councils.”
Approved April 24, 1974.
Public Law 93–273: To provide increases in certain annuities payable under chapter 83 of title 5, United States Code, and for other purposes. Public Law273 Public Law 93–273 [88 Stat. 93] 1974-04-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–273
AN ACT To provide increases in certain annuities payable under chapter 83 of title 5, United States Code, and for other purposes.

April 26, 1974

[S. 1866]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8345 of

Federal employees.

Annuity increases.

 title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(f) (1) Notwithstanding any other provision of this subchapter, other than this subsection, the monthly rate of annuity payable under subsection (a) of this section shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act.

42 USC 401.

 “(2) Notwithstanding any other provision of this subchapter, other than this subsection, the monthly rate of annuity payable under subsection (a) of this section to a surviving child shall not be less than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act, or three times such primary insurance amount divided by the number of surviving children entitled to an annuity, whichever is the lesser. “(3) The provisions of this subsection shall not apply to an annuitant or to a survivor who is or becomes entitled to receive from the United States an annuity or retired pay under any other civilian or military retirement system, benefits under title 11 of the Social Security Act, a pension, veterans’ compensation, or any other periodic payment of a similar nature, when the monthly rate thereof, is equal to or greater than the smallest primary insurance amount, including any cost-of-living increase added to that amount, authorized to be paid from time to time under title II of the Social Security Act.”.
Sec. 2. (a) An annuity payable from the Civil Service Retirement

Separations prior to October 20, 1969.

5 USC 8339 note.

 and Disability Fund to a former employee or Member, which is based on a separation occurring prior to October 20, 1969, is increased by (b) In lieu of any increase based on an increase under subsection

5 USC 8341 note.

 (a) of this section, an annuity payable from the Civil Service Retirement and Disability Fund to the surviving spouse of an employee, 88 Stat. 94Member, or annuitant, which is based on a separation occurring prior to October 20, 1969, shall be increased by $132.

S USC 8345 note.

(c) The monthly rate of an annuity resulting from an increase under this section shall be considered as the monthly rate of annuity payable under section 8345(a) of title 5, United States Code, for purposes of computing the minimum annuity under section 8345(f) of title 5, as added by the first section of this Act.
Sec. 3.

Effective date.

5 USC 8345 note.

 This Act shall become effective on the date of enactment. Annuity increases under this Act shall apply to annuities which commence before, on, or after the date of enactment of this Act, but no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the ninetieth day after the date of enactment of this Act, or the date on which the annuity commences, whichever is later.
Approved April 26, 1974.
Public Law 93–274: To amend chapter 5 of title 37, United States Code, to revise the special pay structure relating to medical officers of the uniformed services. Public Law274 Public Law 93–274 [88 Stat. 94] 1974-05-06 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public Public Law 93–274
AN ACT To amend chapter 5 of title 37, United States Code, to revise the special pay structure relating to medical officers of the uniformed services.

May 6, 1974

[S. 2770]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Uniformed services.

Medical officers, revised pay structure.
That chapter 5 of title 37, United States Code, is amended as follows: (1) Section 302 is amended to read as follows and the item in the chapter analysis is amended to correspond with the revised catchline:

37 USC 302.

“§ 302. Special pay: physicians “An officer of the Army or Navy in the Medical Corps, an officer of the Air Force who is designated as a medical officer, or a medical officer of the Public Health Service, who is on active duty for a period of at least one year is entitled, in addition to any other pay or allowances to which he is entitled, to special pay at the following rates— “(1) $100 a month for each month of active duty if he has not completed two years of active duty in a category named in this section; or “(2) $350 a month for each month of active duty if he has completed at least two years of active duty in a category named in this section. The amounts set forth in this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay.”.
(2) The following new section is added after section 302a and a corresponding item is inserted in the chapter analysis:

37 USC 302b.

“§ 302b. Special pay: dentists “An officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service, who is on active duty for a period of at least one year is entitled, in addition to any other pay or allowances to which he is entitled, to special pay at the following rates— “(1) $100 a month for each month of active duty if he has not completed two years of active duty in the Dental Corps or as a dental officer; 88 Stat. 95 “(2) $150 a month for each month of active duty if he has completed at least two years of active duty in the Dental Corps or as a dental officer; “(3) #50 a month for each month of active duty if he has completed at least six years of active duty in the Dental Corps or as a dental officer; or “(4) $350 a month for each month of active duty if he has completed at least ten years of active duty in the Dental Corps or as a dental officer. The amounts set forth in this section may not be included in computing the amount of an increase in pay authorized by any other provision of this title or in computing retired pay or severance pay.”.
(3) That portion of the first sentence of section 311(a) preceding

37 USC 311.

 clause (1) is amended to read as follows: “(a) Under regulations to be prescribed by the Secretary of Defense or by the Secretary of Health, Education, and Welfare, as appropriate, an officer of the Army or Navy in the Medical Corps above the pay grade of O–6, an officer of the Air Force who is designated as a medical officer and is above the pay grade of O–6, a medical officer of the Public Health Service above the pay grade of O–6, an officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service who—”. (4) By adding the following new section after section 312a and by inserting a corresponding item in the chapter analysis:
Ҥ 313. Special pay: medical officers who execute active duty agreements

37 USC 313.

 “(a) Under regulations prescribed by the Secretary of Defense or by the Secretary of Health. Education, and Welfare, as appropriate, and approved by the President, an officer of the Army or Navy in the Medical Corps, an officer of the Air Force who is designated as a medical officer, or a medical officer of the Public Health Service, who— “(1) is below the pay grade of O–7; “(2) is designated as being qualified in a critical specialty by the Secretary concerned; “(3) is determined by a board composed of officers in the medical profession under criteria prescribed by the Secretary concerned to be qualified to enter into an active duty agreement for a specified number of years; “(4) is not serving an initial active duty obligation of four yearn or less or is not serving the first four years of an initial active duty obligation of more than four years; “(5) is not undergoing intern or initial residency training; and “(6) executes a written active duty agreement under which he will receive incentive pay for completing a specified number of years of continuous active duty subsequent to executing such an agreement; may, upon acceptance of the written agreement by the Secretary concerned, or his designee, and in addition to any other pay or allowances to which he is entitled, be paid an amount not to exceed $13,500 for each year of the active duty agreement. Upon acceptance of the agreement, by the Secretary concerned, or his designee, and subject to subsections (b) and (c) of this section, the total amount payable becomes fixed and may be paid in annual, semiannual, or monthly installments, or in a lump sum after completion of the period of active duty specified in the agreement, as prescribed by the Secretary concerned. 88 Stat. 96

Regulations.

Termination; refunds.

“(b) Under regulations prescribed by the Secretary of Defense, the Secretary concerned, or his designee, may terminate, at any time, an officer’s entitlement to the special pay authorized by this section. Tn that event, the officer is entitled to be paid only for the fractional part of the period of active duty that he served, and he may be required to refund any amount he received in excess of that entitlement.

Regulations.

“(c) Under regulations prescribed by the Secretary of Defense or by the Secretary of Health, Education, and Welfare, as appropriate, an officer who has received payment under this section and who voluntarily, or because of his misconduct, fails to complete the total number of years of active duty specified in the written agreement shall be required to refund the amount received that exceeds his entitlement under those regulations. If an officer has received less incentive pay than he is entitled to under those regulations at the time of his separation from active duty, he shall be entitled to receive the additional amount due him. “(d) This section does not alter or modify any other service obligation of an officer. Completion of the agreed period of active duty, or other termination of an agreement, under this section does not entitle an officer to be separated from the service, if he has any other service obligation.

Report to congressional committees.

“(e) The Secretary of Defense and the Secretary of Health, Education, and Welfare shall each submit a written report each year to the Committees on Armed Services of the Senate and House of Representatives regarding the operation of the special pay program authorized by this section. The report shall be on a fiscal year basis and shall contain— “(1) a review of the program for the fiscal year in which the report is submitted; and “(2) the plan for the program for the succeeding fiscal year. This report shall be submitted not later than April 30 of each year, beginning in 1975.”.
Sec. 2.

Effective and expiration dates.

37 USC 302 note.

 The amendments made by this Act become effective on the first day of the first calendar month following the date of enactment. Except for the provisions of section 313 of title 37, United States Code, as added by section 1(4) of this Act, which will expire on June 30, 1976, the authority for the special pay provided by this Act shall, unless otherwise extended by Congress, expire on June 30, 1977.
Approved May 6, 1974.
Public Law 93–275: To reorganize and consolidate certain functions of the Federal Government in a new Federal Energy Administration in order to promote more efficient management of such functions. Public Law 275 88 Stat. 96 1974-05-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–275
An Act To reorganize and consolidate certain functions of the Federal Government in a new Federal Energy Administration in order to promote more efficient management of such functions.

May 7, 1974

[H. R. 11793]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Federal Energy Administration Act of 1974.
short title
Section 1. This Act may be cited as the “Federal Energy Administration

15 USC 761 note.

 Act of 1974”.
88 Stat. 97
declaration of purpose
Sec. 2. . (a) The Congress hereby declares that the general welfare

15 USC 761.

 and the common defense and security require positive and effective action to conserve scarce energy supplies, to insure fair and efficient distribution of, and the maintenance of fair and reasonable consumer prices for, such supplies, to promote the expansion of readily usable energy sources, and to assist in developing policies and plans to meet the energy needs of the Nation. (b) The Congress finds that to help achieve these objectives, and to assure a coordinated and effective approach to overcoming energy shortages, it is necessary to reorganize certain agencies and functions of the executive branch and to establish a Federal Energy Administration. (c) The sole purpose of this Act is to create an administration in the executive branch, called the Federal Energy Administration, to vest in the Administration certain functions as provided in this Act, and to transfer to such Administration certain executive branch functions authorized by other laws, where such transfer is necessary on an interim basis to deal with the Nation’s energy shortages.
establishment
Sec. 3. There is hereby established an independent agency in the

15 USC 762.

 executive branch to be known as the Federal Energy Administration (hereinafter in this Act referred to as the “Administration”).
officers
Sec. 4. (a) There shall be at the head of the Administration an

15 USC 763.

 Administrator (hereinafter in this Act referred to as the “Administrator”), who shall be appointed by the President, by and with the advice and consent of the Senate. The Administrator shall receive

Compensation.

 compensation at the rate prescribed for offices and positions at level II of the Executive Schedule (5 U.S.C. 5313). The Administration shall be administered under the supervision and direction of the Administrator. (b) (1) The functions and powers of the Administration shall be

Functions.

 vested in and exercised by the Administrator. (2) The Administrator may, from time to time and to the extent

Delegation.

 permitted by law, consistent with the purposes of this Act, delegate such of his functions as he deems appropriate. (c) There shall be in the Administration two Deputy Administrators,

Deputy Administrators.

 who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive compensation at the rate prescribed for offices and positions at level III of the Executive Schedule (5 U.S.C. 5314). (d) There are authorized to be in the Administration six Assistant

Assistant Administrators.

 Administrators, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive compensa-88 Stat. 98tion at the rate prescribed for offices and positions at level IV of the Executive Schedule (5 U.S.C. 5315). (e) There shall be in the Administration a General Counsel, who

General Counsel.

 shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive compensation at the rate prescribed for offices and positions at level IV of the Executive Schedule (5 U.S.C. 5315). (f) (1) There are authorized to be in the Administration not more than nine additional officers who shall be appointed by the Administrator and shall receive compensation at the rate prescribed for offices and positions at level V of the Executive Schedule (5 U.S.C. 5316). (2) If any person, other than an officer within subsections (c), (d), or (e) of this section, is to be assigned principal responsibility for any program that shall be instituted in the Administration for either (i) allocation, (ii) pricing, (iii) rationing (if effected), or (iv) Federal and State coordination, he shall be one of the officers authorized by paragraph (1) of this subsection except that he shall be appointed by the President by and with the advice and consent of the Senate. (3) Appointments to the positions described in this subsection may be made without regard to the provisions of title 5 of the United States Code governing appointments in the competitive service.

5 USC 101 et seq.

 (g) Subject to subsection (f) of this section, officers appointed pursuant to this section shall perform such functions as the Administrator shall specify from time to time. (h) The Administrator shall designate the order in which the Deputy Administrators and other officials shall act for and perform the functions of the Administrator during his absence or disability or in the event of a vacancy in his office. (i) (1) For the purposes of this Act, section 208(b) of title 18,

Conflict of interest.

 United States Code, relating to conflicts of interest, can be invoked and implemented only by the Administrator personally. Such subsection shall not be invoked as to any person unless and until— (A) the Congress has received, ten days prior thereto, a written

Report to Congress.

 report containing notice of the Administrator’s intention so to invoke such subsection, a detailed statement of the subject matter concerning which a conflict exists; and in the case of an exemption set forth in clause (1) of such subsection, the nature of an officer’s or employee’s financial interest; or in the case of an exemption set forth in clause (2) of such subsection, the name and statement of financial interest of each person who will come within such exemption; and (B) such written report is published in the Federal Register.

Publication in Federal Register.

 (2) Nothing contained in this subsection shall affect in any way the applicability or operation of other laws relating to officers and employees of the United States Government. (j) No individual holding any of the positions described in subsections (a), (c), (d), and (e) of this section may also hold any other position in the executive branch during the same period.
functions and purposes of the federal energy administration
Sec. 5. (a) Subject to the provisions and procedures set forth in this

15 USC 764.

 Act, the Administrator shall be responsible for such actions as are88 Stat. 99 taken to assure that adequate provision is made to meet the energy needs of the Nation. To that end, he shall make such plans and direct and conduct such programs related to the production, conservation, use, control, distribution, rationing, and allocation of all forms of energy as are appropriate in connection with only those authorities or functions— (1) specifically transferred to or vested in him by or pursuant to this Act; (2) delegated to him by the President pursuant to specific authority vested in the President by law; and (3) otherwise specifically vested in the Administrator by the Congress. (b) To the extent authorized by subsection (a) of this section, the Administrator shall— (1) advise the President and the Congress with respect to the establishment of a comprehensive national energy policy in relation to the energy matters for which the Administration has responsibility, and, in coordination with the Secretary of State, the integration of domestic and foreign policies relating to energy resource management; (2) assess the adequacy of energy resources to meet demands in the immediate and longer range future for all sectors of the economy and for the general public; (3) develop effective arrangements for the participation of State and local governments in the resolution of energy problems; (4) develop plans and programs for dealing with energy production shortages; (5) promote stability in energy prices to the consumer, promote free and open competition in all aspects of the energy field, prevent unreasonable profits within the various segments of the energy industry, and promote free enterprise; (6) assure that energy programs are designed and implemented in a fair and efficient manner so as to minimize hardship and inequity while assuring that the priority needs of the Nation are met; (7) develop and oversee the implementation of equitable voluntary and mandatory energy conservation programs and promote efficiencies in the use of energy resources; (8) develop land recommend policies on the import and export of energy resources; (9) collect, evaluate, assemble, and analyze energy information on reserves, production, demand, and related economic data; (10) work with business, labor, consumer and other interests and obtain their cooperation; (11) in administering any pricing authority, provide by rule.

Propane gas prices.

 for equitable allocation of all component costs of producing propane gas. Such rules may require that (a) only those costs directly related to the production of propane may be allocated by any producer to such gas for purposes of establishing any price for propane, and (b) prices for propane shall be based on the prices for propane in effect on May 15, 1973. The Administrator shall not allow costs attributable to changes in ownership and88 Stat. 100 movement of propane gas where, in the opinion of the Administrator, such changes in ownership and movement occur primarily for the purpose of establishing a higher price; and (12) perform such other functions as may be prescribed by law.
transfers
Sec. 6. (a) There are hereby transferred to and vested in the Administrator

Transfer of functions.

15 USC 765.

 all functions of the Secretary of the Interior, the Department of the Interior, and officers and components of that Department— (1) as relate to or are utilized by the Office of Petroleum Allocation; (2) as relate to or are utilized by the Office of Energy Conservation; (3) as relate to or are utilized by the Office of Energy Data and Analysis; and (4) as relate to or are utilized by the Office of Oil and Gas. (b) There are hereby transferred to and vested in the Administrator all functions of the Chairman of the Cost of Living Council, the Executive Director of the Cost of Living Council, and the Cost of Living Council, and officers and components thereof, as relate to or are utilized by the Energy Division of the Cost of Living Council.
administrative provisions
Sec. 7. (a) (1) The Administrator may appoint, employ, and fix

Attorneys.

15 USC 766.

 the compensation of such officers and employees, including attorneys, as are necessary to perform the functions vested in him, and prescribe their authority and duties. In addition to the number of positions which may be placed in GS–16, 17, and 18 under existing law, not to exceed 91 positions may be placed in GS–16, 17, and 18 to carry out the functions under this Act: Provided, That the total number of positions within the Administration in GS–16, 17, 18 shall not exceed 105: And provided further, That, except as provided in paragraph (2) of this subsection, the authority under this subsection shall be subject to the standards and procedures prescribed under Chapter 51 of title 5, United States Code, and shall continue only for the duration of the

5 USC 5101.

 exercise of functions under this Act. (2) Twenty-five of the GS–16, 17, and 18 positions authorized by paragraph (1) of this subsection may be filled without regard to the provisions of title 5 of the United States Code governing appointments

5 USC 101 et seq.

 in the competitive service. (b) The Administrator may employ experts, expert witnesses, and

Experts and consultants.

 consultants in accordance with section 3109 of title 5 of the United States Code, and compensate such persons at rates not in excess of the maximum daily rate prescribed for GS–18 under section 5332 of title 5 of the United States Code for persons in Government service employed

5 USC 5332 note.

 intermittently. (c) The Administrator may promulgate such rules, regulations, and

Rules and regulations.

 procedures as may be necessary to carry out the functions vested in him: Provided, That: (1) The Administrator shall, before promulgating proposed

Cost of Living Council, notification.

 rules, regulations, or policies relating to the cost or price of energy, transmit notice of such proposed action to the Cost of Living Council and provide a period, which shall not be less than five days from the receipt of such notice, for the Cost of Living Council to approve or disapprove such proposed action. If during the period provided, the Cost of Living Council— 88 Stat. 101 (A) approves such proposed action, it may take effect; (B) disapproves such proposed action, it shall not take effect; or (C) fails to either approve or disapprove such proposed action, it may take effect in the same manner as if the Cost of Living Council had given its approval. (2) The Administrator shall, before promulgating proposed

Comments.

 rules, regulations, or policies affecting the quality of the environment, provide a period of not less than five days from receipt of notice of the proposed action during which the Administrator of the Environmental Protection Agency may provide written comments concerning the impact of such rules, regulations, or policies on the quality of the environment. Such comments shall be

Publication.

 published along with public notice of the proposed action. The review required by paragraphs (1) and (2) of this subsection

Review, waiver.

 may be waived for a period of fourteen days if there is an emergency situation which, in the judgment of the Administrator, requires immediate action. (d) The Administrator may utilize, with their consent, the services,

Interagency cooperation.

 personnel, equipment, and facilities of Federal, State, regional, and local public agencies and instrumentalities, with or without reimbursement therefor, and may transfer funds made available pursuant to this Act, to Federal, State, regional, and local public agencies and instrumentalities, as reimbursement for utilization of such services, personnel, equipment, and facilities. (e) The Administrator shall cause a seal of office to be made for the

Seal.

 Administration of such design as he shall approve, and judicial notice shall be taken of such seal. (f) The Administrator may accept unconditional gifts or donations

Gifts, acceptance.

 of money or property, real, personal, or mixed, tangible or intangible. (g) The Administrator may enter into and perform contracts,

Contract authority.

 leases, cooperative agreements, or other similar transactions with any public agency or instrumentality or with any person, firm, association, corporation, or institution. (h) The Administrator may perform such other activities as may be necessary for the effective fulfillment of his administrative duties and functions. (i) (1) (A) Subject to paragraphs (B), (C), and (D) of this subsection, the provisions of subchapter I I of chapter 5 of title 5, United States Code, shall apply to any rule or regulation, or any order having

5 USC 551.

 the applicability and effect of a rule as defined in section 551(4) of title 5, United States Code, issued pursuant to this Act, including any such rule, regulation, or order of a State or local government agency, or officer thereof, issued pursuant to authority delegated by the Administrator. (B) Notice of any proposed rule, regulation, or order described in

Publication in Federal Register.

 paragraph (A) shall be given by publication of such proposed rule, regulation, or order in the Federal Register. In each case, a minimum

Comments.

 of ten days following such publication shall be provided for opportunity to comment; except that the requirements of this paragraph as to time of notice and opportunity to comment may be waived where strict compliance is found to cause serious harm or injury to the public health, safety, or welfare, and such finding is set out in detail in such rule, regulation, or order. In addition, public notice of all rules, regulations,

Public notice, publication.

 or orders described in paragraph (A) which are promulgated88 Stat. 102 by officers of a State or local government agency shall to the maximum extent practicable be achieved by publication of such rules, regulations, or orders in a sufficient number of newspapers of statewide circulation calculated to receive widest possible notice. (C) In addition to the requirements of paragraph (B) , if any rule,

Views, oral presentation.

 regulation, or order described in paragraph (A) is likely to have a substantial impact on the Nation’s economy or large numbers of individuals or businesses, an opportunity for oral presentation of views, data, and arguments shall be afforded. To the maximum extent practicable, such opportunity shall be afforded prior to the issuance of such rule, regulation, or order, but in all cases such opportunity shall be afforded no later than forty-five days after the issuance of any such rule, regulation, or order. A transcript shall be kept of any oral presentation. (D) Any officer or agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall provide for the making of such adjustments, consistent with the other purposes of this Act, as may be necessary to prevent special hardship, inequity, or unfair distribution of burdens and shall, by rule, establish procedures which are available to any person for the purpose of seeking an interpretation, modification, rescission of, exception to, or exemption from, such rules, regulations, and orders. If such person is aggrieved or adversely affected by the denial of a request for such action under the preceding

Review.

 sentence, he may request a review of such denial by the officer or agency and may obtain judicial review in accordance with paragraph (2) of this subsection when such denial becomes final. The officer or agency

Hearing.

 shall, by rule, establish appropriate procedures, including a hearing where deemed advisable by the officer or agency, for considering such requests for action under this paragraph. (E) In addition to the requirements of section 552 of title 5, United

Public information.

 States Code, any agency authorized to issue the rules, regulations, or orders described in paragraph (A) shall make available to the public all internal rules and guidelines which may form the basis, in whole or in part, for any such rule, regulation, or order with such modifications as are necessary to insure confidentiality protected under such section 552. Such agency shall, upon written request of a petitioner filed after any grant or denial of a request for exception or exemption from rules or orders, furnish the petitioner with a written opinion setting forth applicable facts and the legal basis in support of such grant or denial. Such opinions shall be made available to the petitioner and the public within thirty days of such request, with such modifications as are necessary to insure confidentiality of information protected under such section 552. (2) (A) Judicial review of administrative rulemaking of general and

Judicial review.

 national applicability done under this Act, except that done pursuant to the Emergency Petroleum Allocation Act of 1973, may be obtained

15 USC 751 note.

 only by filing a petition for review in the United States Court of Appeals for the District of Columbia within thirty days from the date of promulgation of any such rule, regulation, or order, and judicial review of administrative rulemaking of general, but less than national, applicability done under this Act, except that done pursuant to the Emergency Petroleum Allocation Act of 1973, may be obtained only by filing a petition for review in the United States Court of Appeals for the appropriate circuit within thirty days from the date of promulgation of any such rule, regulation, or order, the appropriate circuit being defined as the circuit which contains the area or the greater part of the area within which the rule, regulation, or order is to have effect. 88 Stat. 103 (B) Notwithstanding the amount in controversy, the district courts

Jurisdiction.

 of the United States shall have exclusive original jurisdiction of all other cases or controversies arising under this Act, or under rules, regulations, or orders issued thereunder, except any actions taken to implement or enforce any rule, regulation, or order by any officer of a State or local government agency under this Act: Provided, That nothing in this section affects the power of any court of competent jurisdiction to consider, hear, and determine in any proceeding before it any issue raised by way of defense (other than a defense based on the unconstitutionality of this Act or the validity of action taken by any agency under this Act). If in any such proceeding an issue by way of defense is raised based on the unconstitutionality of this Act or the validity of agency action under this Act, the case shall be subject to removal by either party to a district court of the United States in accordance with the applicable provisions of chapter 89 of title 28, United States Code.

28 USC 1441.

 Cases or controversies arising under any rule, regulation, or order of any officer of a State or local government agency may be heard in either (1) any appropriate State court, or (2) without regard to the amount in controversy, the district courts of the United States. (3) The Administrator may by rule prescribe procedures for State or local government agencies authorized by the Administrator to carry out functions under this Act. Such procedures shall apply to such agencies in lieu of paragraph (1) of this subsection, and shall require that prior to taking any action, such agencies shall take steps reasonably calculated to provide notice to persons who may be affected by the action, and shall afford an opportunity for presentation of views (including oral presentation of views where practicable) at least ten days before taking the action. (j) The Administration, in connection with the exercise of the authority under this Act, shall be considered an independent Federal regulatory agency for the purposes of sections 3502 and 3512 of title 44 of the United States Code.
transitional and savings provisions
Sec. 8. (a) All orders, determinations, rules, regulations, permits,

15 USC 767.

 contracts, certificates, licenses, and privileges— (1) which have been issued, made, granted, or allowed to become effective by the President, by any Federal department or agency or official thereof, or by a court of competent jurisdiction, in the performance of functions which are transferred under this Act, and (2) which are in effect at the time this Act takes effect, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked by the President, the Administrator, other authorized officials, a court of competent jurisdiction, or by operation of law. (b) This Act shall not affect any proceeding pending, at the time this Act takes effect, before any department or agency (or component thereof) regarding functions which are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals (except as provided in section 7(i) (2) of this Act) shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall88 Stat. 104 be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions, and to the same extent, that such proceeding could have been discontinued if this Act had not been enacted. (c) Except as provided in subsection (e)— (1) the provisions of this Act shall not affect suits commenced prior to the date this Act takes effect, and (2) in all such suits proceedings shall be had, appeals taken, and judgments rendered, in the same manner and effect as if this Act had not been enacted. (d) No suit, action, or other proceeding commenced by or against

Litigation.

 any officer in his official capacity as an officer of any department or agency, functions of which are transferred by this Act, shall abate by reason of the enactment of this Act. No cause of action by or against any department or agency, functions of which are transferred by this Act, or by or against any officer thereof in his official capacity shall abate by reason of the enactment of this Act. Causes of actions, suits, actions, or other proceedings may be asserted by or against the United States or such official as may be appropriate and, in any litigation pending when this Act takes effect, the court may at any time, on its own motion or that of any party, enter any order which will give effect to the provisions of this section. (e) If, before the date on which this Act takes effect, any department or agency, or officer thereof in his official capacity, is a party to a suit, and under this Act any function of such department, agency, or officer is transferred to the Administrator, or any other official, then such suit shall be continued as if this Act had not been enacted, with the Administrator, or other official as the case may be, substituted. (f) Final orders and actions of any official or component in the

Judicial review.

 performance of functions transferred by this Act shall be subject to judicial review to the same extent and in the same manner as if such orders or actions had been made or taken by the officer, department, agency, or instrumentality in the performance of such functions immediately preceding the effective date of this Act. Any statutory requirements relating to notices, hearings, action upon the record, or administrative review that apply to any function transferred or delegated by this Act shall apply to the performance of those functions by the Administrator, or any officer or component of the Administration. In the event of any inconsistency between the provisions of this subsection and section 7, the provisions of section 7 shall govern. (g) With respect to any function transferred by this Act and performed after the effective date of this Act, reference in any other law to any department or agency, or any officer or office, the functions of which are so transferred, shall be deemed to refer to the Administration, Administrator, or other office or officers in which this Act vests such functions. (h) Nothing contained in this Act shall be construed to limit, curtail, abolish, or terminate any function of the President which he had immediately before the effective date of this Act; or to limit, curtail, abolish, or terminate his authority to perform such function; or to limit, curtail, abolish, or terminate his authority to delegate, redelegate, or terminate any delegations of functions. (i) Any reference in this Act to any provision of law shall be deemed to include, as appropriate, references thereto as now or hereafter amended or supplemented.
88 Stat. 105
incidental transfers
Sec. 9. The Director of the Office of Management and Budget is

15 USC 768.

 authorized and directed to make such additional incidental dispositions of personnel, personnel positions, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with functions which are transferred by or which revert under this Act, as the Director deems necessary and appropriate to accomplish the intent and purpose of this Act.
definitions
Sec. 10. As used in this Act—

15 USC 769.

 (1) any reference to “function” or “functions” shall be deemed to include references to duty, obligation, power, authority, responsibility, right, privilege, and activity, or the plural thereof, as the case may be; and (2) any reference to “perform” or “performance”, when used in relation to functions, shall be deemed to include the exercise of power, authority, rights, and privileges.
appointments
Sec. 11 (a) Funds available to any department or agency (or any

15 USC 770.

 official or component thereof), and lawfully authorized for any of the specific functions which are transferred to the Administrator by this Act, may, with the approval of the President, be used to pay the compensation and expenses of any officer appointed pursuant to this Act until such times as funds for that purpose are otherwise available. (b) In the event that any officer required by this Act to be appointed by and with the advice and consent of the Senate shall not have entered upon office on the effective date of this Act, the President may designate any officer, whose appointment was required to be made by and with the advice and consent of the Senate and who was such an officer immediately prior to the effective date of this Act, or any officer who was performing essentially the same functions immediately prior to the effective date of this Act, to act in such office until the office is filled as provided in this Act: Provided, That any officer acting pursuant to the provisions of this subsection may act no longer than a period of thirty days unless during such period his appointment as such an officer is submitted to the Senate for its advice and consent. (c) Transfer of nontemporary personnel pursuant to this Act shall not cause any such employee to be separated or reduced in grade or compensation, except for cause, for one year after such transfer. (d) Any person who, on the effective date of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 of the United States Code, and who,

5 USC 5301.

 without a break in service, is appointed in the Administration to a position having duties comparable to those performed immediately preceding his appointment, shall continue to be compensated in his new position at not less than the rate provided for his previous position.
88 Stat. 106
access to information by the comptroller general
Sec. 12. (a) For the duration of this Act, the Comptroller General

Duties.

15 USC 771.

 of the United States shall monitor and evaluate the operations of the Administration including its reporting activities. The Comptroller General shall (1) conduct studies of existing statutes and regulations governing the Administration’s programs; (2) review the policies and practices of the Administration; (3) review and evaluate the procedures followed by the Administrator in gathering, analyzing, and interpreting energy statistics, data, and information related to the management and conservation of energy, including but not limited to data related to energy costs, supply, demand, industry structure, and environmental impacts; and (4) evaluate particular projects or programs. The Comptroller General shall have access to such data within the possession or control of the Administration from any public or private source whatever, notwithstanding the provisions of any other law, as are necessary to carry out his responsibilities under this Act and shall report to the Congress at such times as he

Report to Congress.

 deems appropriate with respect to the Administration’s programs, including his recommendations for modifications in existing laws, regulations, procedures, and practices. (b) The Comptroller General or any of his authorized representatives in carrying out his responsibilities under this section may request access to any books, documents, papers, statistics, data, records, and information of any person owning or operating facilities or business premises who is engaged in any phase of energy supply or major energy consumption, where such material relates to the purposes of this Act, including but not limited to energy costs, demand, supply, industry structure, and environmental impacts. The Comptroller General may request such person to submit in writing such energy information as the Comptroller General may prescribe. (c) The Comptroller General of the United States, or any of his duly authorized representatives, shall have access to and the right to examine any books, documents, papers, records, or other recorded information of any recipients of Federal funds or assistance under contracts, leases, cooperative agreements, or other transactions entered into pursuant to subsection (d) or (g) of section 7 of this Act which in the opinion of the Comptroller General may be related or pertinent to such contracts, leases, cooperative agreements, or similar transactions. (d) To assist in carrying out his responsibilities under this section, the Comptroller General may, with the concurrence of a duly established committee of Congress having legislative or investigative jurisdiction over the subject matter and upon the adoption of a resolution by such a committee which sets forth specifically the scope and necessity therefor, and the specific identity of those persons from whom information is sought, sign and issue subpenas requiring the production of the books, documents, papers, statistics, data, records, and information referred to in subsection (b) of this section. (e) In case of disobedience to a subpena issued under subsection (d) of this section, the Comptroller General may invoke the aid of any district court of the United States in requiring the production of the books, documents, papers, statistics, data, records, and information referred to in subsection (b) of this section. Any district court of the United States within the jurisdiction where such person is found or transacts business may, in case of contumacy or refusal to obey a88 Stat. 107 subpena issued by the Comptroller General, issue an order requiring such person to produce the books, documents, papers, statistics, data, records, or information; and any failure to obey such order of the court shall be punished by the court as a contempt thereof. (f) Reports submitted by the Comptroller General to the Congress

Reports, availability.

 pursuant to this section shall be available to the public at reasonable cost and upon identifiable request. The Comptroller General may not disclose to the public any information which concerns or relates to a trade secret or other matter referred to in section 1905 of title 18, United States Code, except that such information shall be disclosed by the Comptroller General or the Administrator, in a manner designed to preserve its confidentiality— (1) to other Federal Government departments, agencies, and officials for official use upon request; (2) to committees of Congress upon request; and (3) to a court in any judicial proceeding under court order.
information-gathering power
Sec. 13. (a) The Administrator shall collect, assemble, evaluate, and

15 USC 772.

 analyze energy information by categorical groupings, established by the Administrator, of sufficient comprehensiveness and particularity to permit fully informed monitoring and policy guidance with respect to the exercise of his functions under this Act. (b) All persons owning or operating facilities or business premises who are engaged in any phase of energy supply or major energy consumption shall make available to the Administrator such information and periodic reports, records, documents, and other data, relating to the purposes of this Act, including full identification of all data and projections as to source, time, and methodology of development, as the Administrator may prescribe by regulation or order as necessary or appropriate for the proper exercise of functions under this Act. (c) The Administrator may require, by general or special orders, any person engaged in any phase of energy supply or major energy consumption to file with the Administrator in such form as he may prescribe, reports or answers in writing to such specific questions, surveys, or questionnaires as may be necessary to enable the Administrator to carry out his functions under this Act. Such reports and answers shall be made under oath, or otherwise, as the Administrator may prescribe, and shall be filed with the Administrator within such reasonable period as he may prescribe. (d) The Administrator, to verify the accuracy of information he

Investigations.

 has received or otherwise to obtain information necessary to perform his functions under this Act, is authorized to conduct investigations, and in connection therewith, to conduct, at reasonable times and in a reasonable manner, physical inspections at energy facilities and business premises, to inventory and sample any stock of fuels or energy sources therein, to inspect and copy records, reports, and documents from which energy information has been or is being compiled, and to question such persons as he may deem necessary. (e) (1) The Administrator, or any of his duly authorized agents,

Subpena.

 shall have the power to require by subpena the attendance and testimony of witnesses, and the production of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence which the Administrator is authorized to obtain pursuant to this section. 88 Stat. 108 (2) Any appropriate United States district court may, in case of contumacy or refusal to obey a subpena issued pursuant to this section, issue an order requiring the party to whom such subpena is directed to appear before the Administration and to give testimony touching on the matter in question, or to produce any matter described in paragraph (1) of this subsection, and any failure to obey such order of the court may be punished by such court as a contempt thereof. (f) The Administrator shall collect from departments, agencies

U.S. Government-owned lands.

 and instrumentalities of the executive branch of the Government (including independent agencies), and each such department, agency, and instrumentality is authorized and directed to furnish, upon his request, information concerning energy resources on lands owned by the Government of the United States. Such information shall include, but not be limited to, quantities of reserves, current or proposed leasing agreements, environmental considerations, and economic impact analyses.
public disclosure of information
Sec. 14. (a) The Administrator shall make public, on a continuing

15 USC 773.

 basis, any statistical and economic analyses, data, information, and whatever reports and summaries are necessary to keep the public fully and currently informed as to the nature, extent, and projected duration of shortages of energy supplies, the impact of such shortages, and the steps being taken to minimize such impacts. (b) Subject to the provisions of this Act, section 552 of title 5, United States Code, shall apply to public disclosure of information by the Administrator: Provided, That notwithstanding said section, the provisions of section 1905 of title 18, United States Code, or any other provision of law, (1) all matters reported to, or otherwise obtained by, any person exercising authority under this Act containing trade secrets or other matter referred to in section 1905 of title 18, United States Code, may be disclosed to other persons authorized to perform functions under this Act solely to carry out the purposes of the Act, or when relevant in any proceeding under this Act; and (2) the Administrator shall disclose to the public, at a reasonable cost, and upon a request which reasonably describes the matter sought, any matter of the type which could not be excluded from public annual reports to the Securities and Exchange Commission pursuant to section 13 or 15(d) of the Securities Exchange Act of 1934 by a business enterprise exclusively

15 USC 78m, 78o.

 engaged in the manufacture or sale of a single product, unless such matter concerns or relates to the trade secrets, processes, operations, style of work, or apparatus of a business enterprise. (c) To protect and assure privacy of individuals and confidentiality

Guidelines.

 of personal information, the Administrator is directed to establish guidelines and procedures for handling any information which the Administration obtains pertaining to individuals. He shall provide, to the extent practicable, in such guidelines and procedures a method for allowing any such individual to gain access to such information pertaining to himself.
reports and recommendations
Sec. 15. (a) Six months before the expiration of this Act, the President

Report to Congress.

15 USC 774.

 shall transmit to Congress a full report together with his recommendations for— 88 Stat. 109 (1) disposition of the functions of the Administration upon its termination; (2) continuation of the Administration with its present functions; or (3) reorganization of the Administration; and (4) organization of the Federal Government for the management of energy and natural resources policies and programs. (b) Not later than one year after the effective date of this Act, the

Report to President and Congress.

 Administrator shall submit a report to the President and Congress which will provide a complete and independent analysis of actual oil and gas reserves and resources in the United States and its Outer Continental Shelf, as well as of the existing productive capacity and the extent to which such capacity could be increased for crude oil and each major petroleum product each year for the next ten years through full utilization of available technology and capacity. The report shall also contain the Administration’s recommendations for improving the utilization and effectiveness of Federal energy data and its manner of collection. The data collection and analysis portion of this report shall be prepared by the Federal Trade Commission for the Administration. Unless specifically prohibited by law, all Federal agencies shall make available estimates, statistics, data and other information in their files which, in the judgment of the Commission or Administration, are necessary for the purposes of this subsection. (c) The Administrator shall prepare and submit directly to the

Report to President and Congress.

 Congress and the President every year after the date of enactment of this Act a report which shall include— (1) a review and analysis of the major actions taken by the Administrator; (2) an analysis of the impact these actions have had on the Nation’s civilian requirements for energy supplies for materials and commodities; (3) a projection of the energy supply for the midterm and long term for each of the major types of fuel and the potential size and impact of any anticipated shortages, including recommendations for measures to— (A) minimize deficiencies of energy supplies in relation to needs; (B) maintain the health and safety of citizens; (C) maintain production and employment at the highest feasible level; (D) equitably share the burden of shortages among individuals and business firms; and (E) minimize any distortion of voluntary choices of individuals and firms; (4) a summary listing of all recipients of funds and the amount thereof within the preceding period; and (5) a summary listing of information-gathering activities conducted under section 13 of this Act. (d) Not later than thirty days after the effective date of this Act,

Citizen fuel use, summer guidelines.

 the Administrator shall issue preliminary summer guidelines for citizen fuel use. (e) The Administrator shall provide interim reports to the Congress

Interim reports to Congress.

 from time to time and when requested by committees of Congress.
sex discriminatton
Sec. 16. No individual shall on the grounds of sex be excluded from

15 USC 775.

 participation in, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal88 Stat. 110 assistance under this Act. This provision will be enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this remedy is not exclusive and will

42 USC 2000d.

 not prejudice or remove any other legal remedies available to any individual alleging discrimination.
advisory committees
Sec. 17. (a) Whenever the Administrator shall establish or utilize

15 USC 776.

 any board, task force, commission, committee, or similar group, not composed entirely of full-time Government employees, to advise with respect to, or to formulate or carry out, any agreement or plan of action affecting any industry or segment thereof, the Administrator shall endeavor to insure that each such group is reasonably representative of the various points of view and functions of the industry and users affected, including those of residential, commercial, and industrial consumers, and shall include, where appropriate, representation from both State and local governments, and from representatives of State regulatory utility commissions, selected after consultation with the respective national associations. (b) Each meeting of such board, task force, commission, committee,

Meetings.

 or similar group, shall be open to the public, and interested persons shall be permitted to attend, appear before, and file statements with, such group, except that the Administrator may determine that such meeting shall be closed in the interest of national security. Such determination shall be in writing, shall contain a detailed explanation of reasons in justification of the determination, and shall be made available to the public. (c) All records, reports, transcripts, memoranda, and other documents,

Reports, availability.

 which were prepared for or by such group, shall be available for public inspection and copying at a single location in the offices of the Administration. (d) Advisory committees established or utilized pursuant to this Act shall be governed in full by the provisions of the Federal Advisory Committee Act (Public Law 92–463, 86 Stat. 770), except as inconsistent

5 USC app. I.

 with this section.
economic analysis of proposed actions
Sec. 18. (a) In carrying out the provisions of this Act, the Administrator

15 USC 777.

s shall, to the greatest extent practicable, insure that the potential economic impacts of proposed regulatory and other actions are evaluated and considered, including but not limited to an analysis of the effect of such actions on— (1) the fiscal integrity of State and local governments; (2) vital industrial sectors of the economy; (3) employment, by industrial and trade sectors, as well as on a national, regional. State, and local basis; (4) the economic vitality of regional. State, and local areas; (5) the availability and price of consumer goods and services; (6) the gross national product; (7) low and middle income families as defined by the Bureau of Labor Statistics; (8) competition in all sectors of industry; and (9) small business. (b) The Administrator shall develop analyses of the economic impact of various conservation measures on States or significant sectors88 Stat. 111 thereof, considering the impact on both energy for fuel and energy as feed stock for industry. (c) Such analyses shall, wherever possible, be made explicit, and to the extent possible, other Federal agencies and agencies of State and local governments which have special knowledge and expertise relevant to the impact of proposed regulatory or other actions shall be consulted in making the analyses, and all Federal agencies are authorized and directed to cooperate with the Administrator in preparing such analyses: Provided, That the Administrator’s actions pursuant to this section shall not create any right of review or cause of action except as would otherwise exist under other provisions of law. (d) The Administrator, together with the Secretaries of Labor and

Energy actions, economic impact, monitors.

 Commerce, shall monitor the economic impact of any energy actions taken by the Administrator, and shall provide the Congress with a

Report to Congress.

 report every six months on the impact of the energy shortage and the Administrator’s actions on employment and the economy. Such report shall contain recommendations as to whether additional Federal programs of employment and economic assistance should be put into effect to minimize the impact of the energy shortage and any actions taken. (e) The Administrator shall formulate and implement regulatory and other actions in a manner (1) which does not unduly discriminate against any industry or any region of the United States; and (2) designed to insure that, to the greatest extent possible, the costs and burdens of meeting energy shortages shall be borne equally by every sector and segment of the country and of the economy.
management oversight review
Sec. 19. The Administrator may, for a period not to exceed thirty

15 USC 778.

 days in any one calendar year, provide for the exercise or performance of a management oversight review with respect to the conduct of any Federal or State (with consent of the Governor) energy program conducted pursuant to this Act. Such review may be conducted by contract or by any Federal department or agency. A written report shall

Report to Administrator.

 be submitted to the Administrator concerning the findings of the review.
coordination with, and technical assistance to, state governments
Sec. 20. (a) The Administrator shall—

15 USC 779.

 (1) coordinate Federal energy programs and policies with such programs and policies of State governments by providing— (A) within sixty days of the effective date of this Act, the

Report to Congress and State governments.

 Congress and State governments with a report on the manner in which he has organized the Administration based upon the functions delegated by the President or assigned to the Administrator by this Act or under the authority of other Acts; and (B) within one hundred and twenty days of the effective

Report to the public, State governments and Congress.

 date of this Act, the public, State governments, and all Members of the Congress with a report in nontechnical language which— (i) describes the functions performed by the Administration; (ii) sets forth in detail the organization of the Administration, the location of its offices (including regional, State, and local offices), the names and phone numbers of Administration officials, and other appropriate information concerning the operation of the Administration; 88 Stat. 112 (iii) delineates the role that State, and Federal governments will or may perform in achieving the purposes of this Act; and (iv) provides the public with a clear understanding of their duties and obligations, rights, and responsibilities under any of the programs or functions of the Administration; (2) before promulgating any rules, regulations, or policies, and

Comments.

 before establishing any programs under the authority of this Act, provide, where practicable, a reasonable period in which State governments may provide written comments if such rules, regulations, policies, or programs substantially affect the authority or responsibility of such State governments; (3) provide, in accordance with the provisions of this Act,

Energy shortages, status reports.

 upon request, to State governments all relevant information he possesses concerning the status and impact of energy shortages, the extent and location of available supplies and shortages of crude oil, petroleum products, natural gas, and coal, within the distribution area serving that particular State government; and (4) provide for a central clearinghouse for Federal agencies

Information clearinghouse.

 and State governments seeking energy information and assistance from the Federal Government. (b) Pursuant to his responsibility under this section, the Administrator shall— (1) provide technical assistance—including advice and consultation

Technical assistance.

 relating to State programs, and, where necessary, the use of task forces of public officials and private persons assigned to work with State governments—to assist State governments in dealing with energy problems and shortages and their impact and in the development of plans, programs, and policies to meet the problems and shortages so identified; (2) convene conferences of State and Federal officials, and such

Conferences.

 other persons as the Administrator designates, to promote the purposes of this Act, and the Administrator is authorized to pay reasonable expenses incurred in the participation of individuals in such conferences; (3) draft and make available to State governments model legislation

Model legislation.

 with respect to State energy programs and policies; and (4) promote the promulgation of uniform criteria, procedures,

Grant criteria.

 and forms for grant or contract applications for energy proposals submitted by State governments.
office of private grievances and redress
Sec. 21. (a) The Administrator shall establish and maintain an

Establishment.

15 USC 780.

 Office of Private Grievances and Redress, headed by a director, to receive and evaluate petitions filed in accordance with subsection (b) of this section, and to make recommendations to the Administrator for appropriate action. (b) Any person, adversely affected by any order, rule, or regulation

Petition.

 issued by the Administrator in carrying out the functions assigned to him under this Act, may petition the Administrator for special redress, relief, or other extraordinary assistance, apart from, or in addition to, any right or privilege to seek redress of grievances provided in section 7. (c) The Administrator shall report quarterly to the Congress on the

Report to Congress.

 nature and number of the grievances which have been filed, and the88 Stat. 113 action taken and relief provided, pursuant to this section; and he shall

Recommendations to Congress.

 make recommendations to the Congress from time to time concerning legislative or administrative actions which may be taken to better assist persons adversely affected by the energy shortages and to distribute more equitably the burdens resulting from any measures adopted, or actions taken, by him.
comprehensive energy plan
Sec. 22. (a) Pursuant and subject to the provisions and procedures

Report to President and Congress.

 set forth in this Act, the Administrator shall, within six months from the date of the enactment of this Act, develop and report to the Congress and the President a comprehensive plan designed to alleviate the

15 USC 781.

 energy shortage, for the time period covered by this Act. Such plan shall be accompanied by full analytical justification for the actions proposed therein. Such analysis shall include, but not be limited to— (1) estimates of the energy savings of each action and of the program as a whole; (2) estimates of any windfall losses and gains to be experienced by corporations, industries, and citizens grouped by socioeconomic class; (3) estimates of the impact on supplies and consumption of energy forms consequent to such price changes as are or may be proposed; and (4) a description of alternative actions which the Administrator has considered together with a rationale in explanation of the rejection of any such alternatives in preference to the measures actually proposed. (b) The Administrator may, from time to time, modify or otherwise alter any such plan, except that, upon request of an appropriate committee of the Congress, the Administrator shall supply analytical justifications for any such alterations. (c) The Administrator shall be responsible for monitoring any such plans as are implemented with respect to their effectiveness in achieving the anticipated benefits.
petrochemical report
Sec. 23. (a) Within ninety days after he has entered upon the office

Report to Congress.

 of Administrator or has been designated by the President to act in such office, the Administrator, or acting Administrator, as the case

15 USC 782.

 may be, with the assistance of the Department of Commerce, the Cost of Living Council, and the United States Tariff Commission shall, by written report, inform the Congress as to the— (1) effect of current petrochemical prices upon the current level of petrochemical exports, and export levels expected for 1975; (2) effect of current and expected 1975 petrochemical export levels upon domestic petrochemical raw materials and products available to petrochemical producers, converters, and fabricators currently and in 1975; (3) current contribution of petrochemical imports to domestic supplies and the expected contribution in 1975; (4) anticipated economic effects of current and expected 1975 levels of domestic supplies of petrochemicals upon domestic producers, converters, and fabricators of petrochemical raw materials and products; and (5) exact nature, extent, and sources of data and other information available to the Federal Government regarding the matters88 Stat. 114 set forth in paragraphs (1) through (4) of this subsection, including the exact nature, extent, and sources of such data and information utilized in connection with the report required by this subsection. (b) As used in this section, the term “petrochemical” includes

“Petrochemical.”

 organic chemicals, cyclic intermediates, plastics and resins, synthetic fibers, elastomers, organic dyes, organic pigments, detergents, surface active agents, carbon black and ammonia.
hydroelectric generating facilities
Sec. 24. Within ninety days of the effective date of this Act, the

15 USC 783.

 Administrator of the Federal Energy Administration, in consultation with the Secretary of the Interior and the Secretary of the Army, shall— (1) transmit to the Congress—

Lists, transmittal to Congress.

 (A) a list of hydroelectric generating facilities and electric power transmission facilities which have been authorized for construction by the Congress and which are not yet completed, and (B) a list of opportunities to increase the capacity of existing hydroelectric generating facilities, and (2) provide, for each such facility which is listed— (A) a construction schedule and cost estimates for an expedited construction program which would make the facility available for service at the earliest practicable date, and (B) a statement of the accomplishments which could be provided by the expedited completion of each facility and a statement of any funds which have been appropriated but not yet obligated.
information concerning transaction, sale, exchange or shipment involving the export from the united states to a foreign nation of coal and any refined petroleum product
Sec. 25. (a) The Administrator is authorized and directed to establish

File maintenance.

15 USC 784.

 and maintain a file which shall contain information concerning every transaction, sale, exchange or shipment involving the export from the United States to a foreign nation of coal, crude oil, residual oil or any refined petroleum product. Information to be included in the file shall be current and shall include, but shall not be limited to, the name of the exporter (including the name or names of the holders of any beneficial interests), the volume and type of product involved in the export transaction, the manner of shipment and identification of the vessel or carrier, the destination, the name of the purchaser if a sale, exchange or other transaction is involved, and a statement of reasons justifying the export. (b) Upon request of any committee of Congress or the head of any Federal agency, the Administrator shall promptly provide any information maintained in the file and a report thereon to such committee, or agency head, except where the President finds such disclosure to be detrimental to national security. (c) Notwithstanding any other provision of law, any Federal agency which collects or has information relevant to the functions required by this section shall make such information available to the Administrator.
88 Stat. 115
foreign ownership
Sec. 26. The Administrator shall conduct a comprehensive review

Review.

15 USC 785.

 of foreign ownership of, influence on, and control of domestic energy sources and supplies. Such review shall draw upon existing information, where available, and any independent investigation necessary by the Administration. The Administrator shall, on or before the expiration

Report to Congress.

 of the one hundred and eighty day period following the effective date of this Act, report to the Congress in sufficient detail so as to apprise the Congress as to the extent and forms of such foreign ownership of, influence on, and control of domestic energy sources and supplies, and shall thereafter continue to monitor such ownership, influence and control.
separability
Sec. 27. If any provision of this Act, or the application thereof to

15 USC 761 note.

 any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.
reversion
Sec. 28. Upon the termination of this Act, any functions or personnel

15 USC 786.

 transferred by this Act shall revert to the department, agency, or office from which they were transferred. An officer or employee of the Federal Government who is appointed, without break in service of one or more workdays, to any position for carrying out functions under this Act is entitled, upon separation from such position other than for cause, to reemployment in the position occupied at the time of appointment, or in a position of comparable grade and salary.
authorization of appropriations
Sec. 29. There are hereby authorized to be appropriated to the

15 USC 761 note.

 Administrator, to remain available until expended, $75,000,000 for fiscal year 1974, and $200,000,000 annually for each of fiscal years 1975 and 1976 to carry out the purposes of this Act.
effective date; termination date
Sec. 30. This Act shall become effective sixty days after the date

15 USC 761 note.

 of enactment or sooner if the President publishes notice in the Federal Register. This Act shall terminate June 30, 1976.
Approved May 7, 1974.
Public Law 93–276: To authorize appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes. Public Law 276 88 Stat. 115 1974-05-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–276
An Act To authorize appropriations to the Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

May 10, 1974

[S. 3292]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Atomic Energy Commission.

Appropriation authorization.
Sec. 101. There is hereby authorized to be appropriated to the Atomic Energy Commission in accordance with the provisions of section 261 of the Atomic Energy Act of 1954, as amended:

42 USC 2017.

 88 Stat. 116 (a) For “Operating expenses”, $2,551,533,000 not to exceed $132,200,000 in operating costs for the high-energy physics program category. (b) For “Plant and capital equipment”, including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following: (1) Nuclear Materials.— Project 75–1–a, additional facilities, high-level waste handling and storage. Savannah River, South Carolina, $30,000,000.

Project 75–1–b, replacement ventilation air filter, H chemical separations area. Savannah River, South Carolina, $6,000,000.

Project 75–1–c, new waste calcining facility, Idaho Chemical Processing Plant, National Reactor Testing Station, Idaho, $20,000,000.

Project 75–1–d, Waste management effluent control, Richland, Washington, $3,500,000.

Project 75–1–e, retooling of component preparation laboratories, multiple sites, $4,500,000.

Project 75–1–f, atmospheric pollution control facilities, stoker fired boilers. Savannah River, South Carolina, $7,500,000.

 (2) Nuclear Materials.— Project 75–2–a, additional cooling tower capacity, gaseous diffusion plant, Portsmouth, Ohio, $2,200,000. (3) Weapons.—

Project 75–3–a, weapons production, development, and test installations, $10,000,000.

Project 75–3–b, high energy laser facility, Los Alamos Scientific Laboratory, New Mexico, $22,600,000.

Project 75–3–c, TRIDENT production facilities, various locations, $22,200,000.

Project 75–3–d, consolidation of final assembly plants, Pantex, Amarillo, Texas, $4,500,000.

Project 75–3–e, addition to building 350 for safeguards analytical laboratory, Argonne National Laboratory, Illinois, $3,500,000.

 (4) Weapons.— Project 75–4–a, technical support relocation, Los Alamos Scientific Laboratory, New Mexico, $2,800,000. (5) Civilian Reactor Research and Development.—

Project 75–5–a, transient test facility, Santa Susana, California, $4,000,000.

Project 75–5–b, advanced test reactor control system upgrading, National Reactor Testing Station, Idaho, $2,400,000.

Project 75–5–c, test reactor area water recycle and pollution control facilities. National Reactor Testing Station, Idaho, $1,000,000.

Project 75–5–d, modifications to reactors, $4,000,000.

Project 75–5–e, high temperature gas reactor fuel reprocessing facility. National Reactor Testing Station, Idaho, $10,100,000.

Project 75–5–f, high temperature gas reactor fuel refabrication pilot plant, Oak Ridge National Laboratory, Tennessee, $3,000,000.

Project 75–5–g, molten salt breeder reactor (preliminary planning preparatory to possible future demonstration project), $1,500,000.

 88 Stat. 117 (6) Physical Research.—

Project 75–6–a, accelerator and reactor improvements and modifications, $3,000,000.

Project 75–6–b, heavy ion research facilities, various locations, $19,200,000.

Project 75–6–c, positron-electron joint project, Lawrence Berkeley Laboratory and Stanford Linear Accelerator Center, $900,000.

 (7) Biomedical and Environmental Research and Safety.—

Project 75–7–a, upgrading of laboratory facilities. Oak Ridge National Laboratory, Tennessee, $2,100,000.

Project 75–7–b, environmental research laboratory. Savannah River, South Carolina, $2,000,000.

Project 75–7–c, intermediate-level waste management facilities, Oak Ridge National Laboratory, Tennessee, $9,500,000.

Project 75–7–d, modifications and additions to biomedical and environmental research facilities, $2,850,000.

 (8) Biomedical and Environmental Research and Safety.— Project 75–8–a, environmental sciences laboratory. Oak Ridge National Laboratory, Tennessee, $8,800,000. (9) General Plant Projects.— $55,650,000. (10) Construction Planning and Design.— $2,000,000. (11) Capital Equipment.— Acquisition and fabrication of capital equipment not related to construction, $208,850,000. (12) Reactor Safety Research.— Project 75–12–a, reactor safety facilities modifications, $1,000,000. (13) Applied Energy Technology.— Project 75–13–a, hydrothermal pilot plant, $1,000,000.
Sec. 102. Limitations.— (a) The Commission is authorized to start any project set forth in subsection 101(b) (1), (3), (5), (6), (7), (12), and (13) only if the currently estimated cost of that project does not exceed by more than 25 per centum the estimated cost set forth for that project. (b) The Commission is authorized to start any project set forth in subsection 101(b) (2), (4), (8), and (10) only if the currently estimated cost of that project does not exceed by more than 10 per centum the estimated cost set forth for that project. (c) The Commission is authorized to start any project under subsection 101(b) (9) only if it is in accordance with the following: (1) The maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any building included in such project shall be $100,000: Provided, That the building cost limitation may be exceeded if the Commission determines that it is necessary in the interest of efficiency and economy. (2) The total cost of all projects undertaken under subsection 101(b) (9) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum. (d) The total cost of any project undertaken under subsection 101(b) (1), (3), (5), (6), (7), (12), and (13) shall not exceed the estimated cost set forth for that project by more than 25 per centum, unless and until additional appropriations are authorized under section 261 of the Atomic Energy Act of 1954, as amended, provided

42 USC 2017.

 that this subsection will not apply to any project with an estimated cost less than $5,000,000. 88 Stat. 118 (e) The total cost of any project undertaken under subsection 101(b) (2), (4), (8), (9), and (10) shall not exceed the estimated cost set forth for that project by more than 10 per centum, unless and until additional appropriations are authorized under section 261 of the Atomic Energy Act of 1954, as amended, provided that this subsection

42 USC 2017.

 will not apply to any project with an estimated cost less than $5,000,000.
Sec. 103. The Commission is authorized to perform construction

Construction design services.

 design services for any Commission construction project whenever (1) such construction project has been included in a proposed authorization bill transmitted to the Congress by the Commission, and (2) the Commission determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation appropriating funds for its construction.
Sec. 104. Any moneys received by the Commission (except sums received from the disposal of property under the Atomic Energy Community Act of 1955, as amended (42 U.S.C. 2301)), may be retained by the Commission and credited to its “Operating expenses” appropriation notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484).
Sec. 105. Transfers of sums from the “Operating expenses” appropriation

Transfer of sums.

 may be made to other agencies of the Government for the performance of the work for which the appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred.
Sec. 106. When so specified in an appropriation Act, transfers of

Transfer of amounts.

 amounts between “Operating expenses” and “Plant and capital equipment” may be made as provided in such appropriation Act.
Sec. 107. Amendment of Prior Year Acts.— (a) Section 101 of Public Law 89–428, as amended, is further amended by striking from

80 Stat. 162; 81 Stat. 126.

 subsection (b) (3) project 67–3–a, fast flux test facility, the figure “$87,500,000”, and substituting therefor the figure “$420,000,000”. (b) Section 101 of Public Law 91–273, as amended, is further

87 Stat. 145.

 amended by striking from subsection (b) (1), project 71–1–f, process equipment modifications, gaseous diffusion plants, the figure “$172,100,000” and substituting therefor the figure “$295,100,000”. (c) Section 106 of Public Law 91–273, as amended, is further

84 Stat. 300; 87 Stat. 145.

 amended by striking from subsection (a) the figure “$2,000,000” and substituting therefor the figure “$3,000,000,” and by adding thereto the following new subsection (c): “(c) The Commission is hereby authorized to agree, by modification to the definitive cooperative arrangement reflecting such changes therein as it deems appropriate for such purpose, to the following: (1) to execute and deliver to the other parties to the AEC definitive contract, the special undertakings of indemnification specified in said contract, which undertakings shall be subject to availability of appropriations to the Atomic Energy Commission (or any other Federal agency to which the Commission’s pertinent functions might be transferred at some future time) and to the provisions of section 3679 of the Revised Statutes, as amended; and (2) to acquire ownership and

31 USC 665.

 custody of the property constituting the Liquid Metal Fast Breeder Reactor powerplant or parts thereof, and to use, decommission, and dispose of said property, as provided for in the AEC definitive contract.” (d) Section 101 of Public Law 92–314, as amended, is amended by

86 Stat. 222.

 striking from subsection (b)(4) , project 73–4–b, land acquisition, Rocky Flats, Colorado, the figure “$8,000,000” and substituting therefor the figure “$11,400,000”. 88 Stat. 119 (e) Section 101 of Public Law 93–60 is amended by (1) striking

87 Stat. 143.

 from subsection (b)(1), project 74–1–a, additional facilities, high level waste storage, Savannah River, South Carolina, the figure “$14,000,000” and substituting therefor the figure “$17,500,000”, (2) striking from subsection (b)(1), project 74–1–g, cascade uprating program, gaseous diffusion plants, the words “(partial AE and limited component procurement only)” and further striking the figure “$6,000,000” and substituting therefor the figure “$183,100,000”, and (3) striking from subsection (b)(2), project 74–2–d, national security and resources study center, the words “(AE only), site undesignated” and substituting therefor the words “Los Alamos Scientific Laboratory, New Mexico” and further striking the figure “$350,000” and substituting therefor the figure “$4,600,000”.
Sec. 108. Rescission.— (a)

Public Law 91–44, as amended, is further

83 Stat. 46; 86 Stat. 225.

amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows:

Project 70–1–b, bedrock waste storage (AE and site selection drilling only). Savannah River, South Carolina, $4,300,000.

 (b)

Public Law 92–84, as amended, is further amended by rescinding

85 Stat. 304.

therefrom authorization for a project, except for funds heretofore obligated, as follows:

Project 72–3–b, national radioactive waste repository, site undetermined, $3,500,000.

 (c)

Public Law 92–314, as amended, is further amended by rescinding

86 Stat. 224.

therefrom authorization for a project, except for funds heretofore obligated, as follows:

Project 73–6–c, accelerator improvements, Cambridge Electron Accelerator, Massachusetts, $75,000.
<num value="II">TITLE II</num> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">Section 157b. (3) of the Atomic Energy Act of 1954, as amended, is amended by striking out “<quotedText>upon the recommendation of</quotedText>” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2187">42 USC 2187</ref>.</p></sidenote> and inserting in lieu thereof “<quotedText>after consultation with</quotedText>”.</content> </section> Approved May 10, 1974.
Public Law 93–277: To amend chapter 5 of title 37, United States Code, to revise the special pay bonus structure relating to members of the armed forces, and for other purposes. Public Law 277 88 Stat. 119 1974-05-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–277
An Act To amend chapter 5 of title 37, United States Code, to revise the special pay bonus structure relating to members of the armed forces, and for other purposes.

May 10, 1974

[S. 2771]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Armed Forces Enlisted Personnel Bonus Revision Act of 1974.

37 USC 308 note.
That this Act may be cited as the “Armed Forces Enlisted Personnel Bonus Revision Act of 1974”.
Sec. 2. Chapter 5 of title 37, United States Code, is amended as follows: (1) Section 308 is amended to read as follows:

37 USC 308.
“§308. Special pay: reenlistment bonus “(a) A member of a uniformed service who— “(1) has completed at least twenty-one months of continuous active duty (other than for training) but not more than ten years of active duty; 88 Stat. 120 “(2) is designated as having a critical military skill by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy; “(3) is not receiving special pay under section 312a of this title; and

37 USC 312a.

 “(4) reenlists or voluntarily extends his enlistment in a regular component of the service concerned for a period of at least three years; may be paid a bonus, not to exceed six months of the basic pay to which he was entitled at the time of his discharge or release, multiplied by the number of years, or the monthly fractions thereof, of additional obligated service, not to exceed six years, or $15,000, whichever is the lesser amount. Obligated service in excess of twelve years will not be used for bonus computation. “(b) Bonus payments authorized under this section may be paid

Payment.

 in either a lump sum or in installments. “(c) For the purpose of computing the reenlistment bonus in the case of an officer with prior enlisted service who may be entitled to a bonus under subsection (a) of this section, the monthly basic pay of the grade in which he is enlisted, computed in accordance with his years of service computed under section 205 of this title, shall

37 USC 205.

 be used instead of the monthly basic pay to which he was entitled at the time of his release from active duty as an officer. “(d) A member who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid. “(e) This section shall be administered under regulations prescribed by the Secretary of Defense for the armed forces under his jurisdiction, and by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy. “(f) No bonus shall be paid under this section with respect to any

Expiration date.

 reenlistment, or voluntary extension of an active-duty enlistment, in the armed forces entered into after June 30, 1977.”.
(2) Section 308a is amended to read as follows:

37 USC 308a.
“§308a. Special pay: enlistment bonus “(a) Notwithstanding section 514(a) of title 10 or any other law, under regulations prescribed by the Secretary of Defense, or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a person who enlists in an armed force for a period of at least four years in a skill designated as critical, or who extends his initial period of active duty in that armed force to a total of at least four years in a skill designated as critical, may be paid a bonus in an amount prescribed by the appropriate Secretary, but not more than $3,000. The bonus may be paid

Payment.

 in a lump sum or in equal periodic installments, as determined by the appropriate Secretary. 88 Stat. 121 “(b) Under regulations prescribed by the Secretary of Defense,

Regulations.

 or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, a person who voluntarily, or because of his misconduct, does not complete the term of enlistment for which a bonus was paid to him under this section shall refund that percentage of the bonus that the unexpired part of his enlistment is of the total enlistment period for which the bonus was paid. “(c) No bonus shall be paid under this section with respect to any

Expiration date.

 enlistment or extension of an initial period of active duty in the armed forces made after June 30, 1977.”.
Sec. 3. Notwithstanding section 308 of title 37, United States Code,

37 USC 308 note.

 as amended by this Act, a member of a uniformed service on active duty on the effective date of this Act, who would have been eligible, at the end of his current or subsequent enlistment, for the reenlistment bonus prescribed in section 308 (a) or (d) of that title, as it existed on the day before the effective date of this Act, shall continue to be eligible for the reenlistment bonus under that section as it existed on the day before the effective date of this Act. If a member is also eligible for the reenlistment bonus prescribed in that section as amended by this Act, he may elect to receive either one of those reenlistment bonuses. However, a member’s eligibility under section 308 (a) or (d) of that title, as it existed on the day before the effective date of this Act, terminates when he has received a total of $2,000 in reenlistment bonus payments, received under either section 308 (a) or (d) of that title as it existed on the day before the effective date of this Act, or under section 308 of that title, as amended by this Act, or from a combination of both.
Sec. 4. The amendments made by this Act become effective on the

Effective date.

37 USC 308 note.

 first day of the month following the date of enactment.
Approved May 10, 1974.
Public Law 93–278: To extend the Environmental Education Act for three years. Public Law 278 88 Stat. 121 1974-05-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–278
An Act To extend the Environmental Education Act for three years.

May 10, 1974

[S. 1647]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Environmental Education Amendments of 1974.

Advisory Council, extension.
That this Act may be cited as the “Environmental Education Amendments of 1974”.
Sec. 2. Section 3(c)(1) of the Environmental Education Act (20 U.S.C. 1532) is amended by adding at the end thereof the following new sentence: “Subject to section 448(b) of the General Education Provisions Act, the Advisory Council shall continue to exist until

20 USC 1233g.

 July 1, 1977.”.
Sec. 3. Section 7 of such Act is amended by striking out “and” after

Appropriation.

20 USC 1536.

 “1972,” and by inserting after “1973” a comma and the following: “$5,000,000 for the fiscal year ending June 30, 1975, $10,000,000 for the fiscal year ending June 30, 1976, and $15,000,000 for the fiscal year ending June 30, 1977.”.
Sec. 4. Section 2(b) of such Act is amended by inserting after

20 USC 1531.

 “maintain ecological balance” the following: “while giving due consideration to the economic considerations related thereto”.
Sec. 5. Section 3(b) (2) of such Act is amended by inserting after

20 USC 1532.

 “technology,” the following: “economic impact,”.
Sec. 6. Section 3(c) (1) of such Act is further amended by inserting “economic,” after “medical,”.
Approved May 10, 1974.
Public Law 93–279: To amend the Wild and Scenic Rivers Act by designating the Chattooga River, North Carolina, South Carolina, and Georgia as a component of the National Wild and Scenic Rivers System, and for other purposes. Public Law 279 88 Stat. 122 1974-05-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 122 Public Law 93–279
An Act To amend the Wild and Scenic Rivers Act by designating the Chattooga River, North Carolina, South Carolina, and Georgia as a component of the National Wild and Scenic Rivers System, and for other purposes.

May 10, 1974

[H. R. 9492]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Wild and Scenic Rivers Act, amendments.

16 USC 1271 note.
That the Wild and Scenic Rivers Act (82 Stat. 908; 16 U.S.C. 1274 et seq.), as amended, is further amended as follows: (a) In section 3(a) after paragraph (9) insert the following new

16 USC 1274.

 paragraph: “(10) Chattooga, North Carolina, South Carolina, Georgia.— The Segment from 0.8 mile below Cashiers Lake in North Carolina to Tugaloo Reservoir, and the West Fork Chattooga River from its junction with Chattooga upstream 7.3 miles, as generally depicted on the boundary map entitled ‘Proposed Wild and Scenic Chattooga River and Corridor Boundary’, dated August 1973; to be administered by the Secretary of Agriculture: Provided, That the Secretary of Agriculture shall take such action as is provided for under subsection (b) of this section within one year from the date of enactment of this paragraph (10): Provided further, That for the purposes of this river,

Appropriation.

 there are authorized to be appropriated not more than $2,000,000 for the acquisition of lands and interests in lands and not more than $809,000 for development.”. (b) (1) In section 4 delete subsection (a) and insert in lieu thereof

16 USC 1275.

 the following:
“Sec. 4. (a)

The Secretary of the Interior or, where national forest

Studies, submittal to President.

lands are involved, the Secretary of Agriculture or, in appropriate cases, the two Secretaries jointly shall study and submit to the President reports on the suitability or nonsuitability for addition to the national wild and scenic rivers system of rivers which are designated herein or hereafter by the Congress as potential additions to such system. The President shall report to the Congress his recommendations

Report to Congress.

 and proposals with respect to the designation of each such river or section thereof under this Act. Such studies shall be completed and such reports shall be made to the Congress with respect to all rivers named in subparagraphs 5(a) (1) through (27) of this Act no later

16 USC 1276.

 than October 2, 1978. In conducting these studies the Secretary of the Interior and the Secretary of Agriculture shall give priority to those rivers with respect to which there is the greatest likelihood of developments which, if undertaken, would render the rivers unsuitable for inclusion in the national wild and scenic rivers system. Every such study and plan shall be coordinated with any water resources planning involving the same river which is being conducted pursuant to the Water Resources Planning Act (79 Stat. 244; 42 U.S.C. 1962 et seq.).

“Each report, including maps and illustrations, shall show among other things the area included within the report; the characteristics which do or do not make the area a worthy addition to the system; the current status of land ownership and use in the area; the reasonably foreseeable potential uses of the land and water which would be enhanced, foreclosed, or curtailed if the area were included in the national wild and scenic rivers system; the Federal agency (which in the case of a river which is wholly or substantially within a national forest, shall be the Department of Agriculture) by which it is proposed the area, should it be added to the system, be administered; the extent to which it is proposed that such administration, including the costs thereof, be shared by State and local agencies; and the estimated cost to the United States of acquiring necessary lands and interests in88 Stat. 123 land and of administering the area, should it be added to the system. Each such report shall be printed as a Senate or House document.”

Printing as Senate or House document.

16 USC 1276.
(2) In section 5 delete subsection (b) and reletter subsections (c) and (d) as (b) and (c), respectively. (3) In section 7(b) delete clause (i) and insert in lieu thereof the

16 USC 1278.

 following: “(i) during the ten-year period following enactment of this Act or for a three complete fiscal year period following any Act of Congress designating any river for potential addition to the national wild and scenic rivers system, whichever is later, unless, prior to the expiration of the relevant period, the Secretary of the Interior and, where national forest lands are involved, the Secretary of Agriculture, on the basis of study, determine that such river should not be included in the national wild and scenic rivers system and notify the Committees on Interior and Insular Affairs

Notification to congressional committees.

 of the United States Congress, in writing, including a copy of the study upon which the determination was made, at least one hundred and eighty days while Congress is in session prior to publishing

Publication in Federal Register.

 notice to that effect in the Federal Register, and”. (4) In section 7(b) (ii) delete “which is recommended”, insert in lieu thereof “the report for which is submitted”, and delete “for inclusion in the national wild and scenic rivers system”. (c) In section 15(c) delete “for the purpose of protecting the scenic view from the river,” and insert in lieu thereof “within the authorized boundaries of a component of the wild and scenic rivers

16 USC 1286.

 system, for the purpose of protecting the natural qualities of a designated wild, scenic or recreational river area,”. (d) Delete section 16 and insert in lieu thereof:

Appropriation.

16 USC 1287.
“Sec. 16. (a) There are hereby authorized to be appropriated, including such sums as have heretofore been appropriated, the following amounts for land acquisition for each of the rivers described in section 3(a) of this Act:

Ante, p. 122.

Clearwater, Middle Fork, Idaho, $2,909,800;

Eleven Point, Missouri, $4,906,500;

Feather, Middle Fork, California, $3,935,700;

Rio Grande, New Mexico, $253,000;

Rogue, Oregon, $12,447,200;

St. Croix, Minnesota and Wisconsin, $11,768,550;

Salmon, Middle Fork, Idaho, $1,237,100; and

Wolf, Wisconsin, $142,150.

 “(b) The authority to make the appropriations authorized in this

Expiration date.

 section shall expire on June 30, 1979.”
Approved May 10, 1974.
Public Law 93–280: To authorize certain Federal agencies to detail personnel and to loan equipment to the Bureau of Sport Fisheries and Wildlife, Department of the Interior. Public Law 280 88 Stat. 123 1974-05-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–280
An Act To authorize certain Federal agencies to detail personnel and to loan equipment to the Bureau of Sport Fisheries and Wildlife, Department of the Interior.

May 10, 1974

[H. R. 8101]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the paragraph

Bureau of sport Fisheries and Wildlife.

Federal agency loan of personnel and equipment.

 headed “Propagation of Food Fishes” of the Act of March 3, 1885 (23 Stat. 494; 16 U.S.C. 743), is amended— (1) by inserting “(1)” immediately after “Fishes:”; (2) by striking out the last sentence thereof; and (3) by adding at the end thereof the following new subparagraph: 88 Stat. 124 “(2) (A) As used in this subparagraph, the term ‘agency’ means the

“Agency.”

16 USC 743a.

 department in which the Coast Guard is operating, the Department of the Army, the Department of the Navy, the Department of the Air Force, the Atomic Energy Commission, and the National Aeronautics and Space Administration. “(B) The chief executive officer of each agency may from time to time— “(i) detail from the agency for duty under the Director of the Bureau of Sport Fisheries and Wildlife, Department of the Interior, such commissioned and enlisted personnel and civilian employees as may be spared for such duty; and “(ii) consonant with the operational needs of the agency, loan equipment of the agency to the Director. “(C) The Director of the Bureau of Sport Fisheries and Wildlife

Report to Congress.

 shall make an annual report at the end of each fiscal year to the Congress concerning the utilization of the provisions of this subparagraph and the additional cost, if any, to the Federal Government resulting therefrom. Such annual report shall be referred in the Senate to the Committee on Commerce and in the House of Representatives to the Committee on Merchant Marine and Fisheries.”
Approved May 10, 1974.
Public Law 93–281: To amend the Controlled Substances Act to provide for the registration of practitioners conducting narcotic treatment programs. Public Law 281 88 Stat. 124 1974-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–281
An Act To amend the Controlled Substances Act to provide for the registration of practitioners conducting narcotic treatment programs.

May 14, 1974

[S. 1115]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Narcotic Addict Treatment Act of 1974.

21 USC 802 note.

Definitions.
That this Act may be cited as the “Narcotic Addict Treatment Act of 1974”.
Sec. 2. Section 102 of the Controlled Substances Act (21 U.S.C. 802) is amended by adding the following after paragraph (26): “(27) The term ‘maintenance treatment’ means the dispensing, for a period in excess of twenty-one days, of a narcotic drug in the treatment of an individual for dependence upon heroin or other morphine-like drugs. “(28) The term ‘detoxification treatment’ means the dispensing, for a period not in excess of twenty-one days, of a narcotic drug in decreasing doses to an individual in order to alleviate adverse physiological or psychological effects incident to withdrawal from the continuous or sustained use of a narcotic drug and as a method of bringing the individual to a narcotic drug-free state within such period.”
Sec. 3. Section 303 of the Controlled Substances Act (21 U.S.C. 823)

Practitioners, narcotic drug dispensation, annual registration.

 is amended by adding the following after subsection (f): “(g) Practitioners who dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment shall obtain annually a separate registration for that purpose. The Attorney General

Qualifications.

 shall register an applicant to dispense narcotic drugs to individuals for maintenance treatment or detoxification treatment (or both)— 88 Stat. 125 “(1) if the applicant is a practitioner who is determined by the Secretary to be qualified (under standards established by the Secretary) to engage in the treatment with respect to which registration is sought; “(2) if the Attorney General determines that the applicant will comply with standards established by the Attorney General respecting (A) security of stocks of narcotic drugs for such treatment, and (B) the maintenance of records (in accordance with section 307) on such drugs; and

21 USC 827.

 “(3) if the Secretary determines that the applicant will comply with standards established by the Secretary (after consultation with the Attorney General) respecting the quantities of narcotic drugs which may be provided for unsupervised use by individuals in such treatment.”.
Sec. 4. (a) Section 304(a) of the Controlled Substances Act (21

Suspension or revocation.

 U.S.C. 824(a)) is amended by adding after and below paragraph (3) the following: “A registration pursuant to section 303(g) to dispense

21 USC 823.

 a narcotic drug for maintenance treatment or detoxification treatment may be suspended or revoked by the Attorney General upon a finding that the registrant has failed to comply with any standard referred to in section 303(g).” (b) Section 304(d) of such Act is amended (1) by inserting after the first sentence the following: “A failure to comply with a standard referred to in section 303(g) may be treated under this subsection as grounds for immediate suspension of a registration granted under such section.”; and (2) by striking out “Such suspension” and inserting in lieu thereof “A suspension under this subsection”.
Sec. 5. Section 307(c) (1) (A) of the Controlled Substances Act (21 U.S.C. 827(c)(1)(A)) is amended to read as follows: “(1) (A) with respect to any narcotic controlled substance in schedule II, III, IV, or V, to the prescribing or administering of such substance by a practitioner in the lawful course of his professional practice unless such substance was prescribed or administered in the course of maintenance treatment or detoxification treatment of an individual; or”.
Approved May 14, 1974.
Public Law 93–282: To extend through fiscal year 1974 certain expiring appropriations authorizations in the Public Health Service Act, the Community Mental Health Centers Act, and the Developmental Disabilities Services and Facilities Construction Act, and for other purposes. Public Law 282 88 Stat. 125 1974-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–282
An Act To extend through fiscal year 1974 certain expiring appropriations authorizations in the Public Health Service Act, the Community Mental Health Centers Act, and the Developmental Disabilities Services and Facilities Construction Act, and for other purposes.

May 14, 1974

[S. 1125]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Alcoholism and alcohol abuse programs.

 <num value="I">TITLE I—</num> <heading class="inline">FEDERAL ASSISTANCE FOR STATE AND LOCAL ALCOHOLISM AND ALCOHOL ABUSE PROGRAMS</heading> <sidenote><p class="firstIndent1 fontsize8">Appropriations authorizations, extension.</p></sidenote> <page identifier="/us/stat/88/126">88 <inline class="smallCaps">Stat</inline>. 126</page> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Short Title; Findings and Purpose</inline></heading> <section> <heading class="smallCaps centered">short title</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “Comprehensive Alcohol<sidenote><p class="firstIndent1 fontsize8">Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4541">42 USC 4541 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551 note</ref>.</p></sidenote> Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974”.</content> </section> </section> <section> <heading class="smallCaps centered">findings and purpose</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is amended by adding after section 1 the following new section: <quotedContent> <section> <heading class="smallCaps centered">“findings and purpose</heading> <section class="firstIndent1 fontsize10"> <num value="2">“<inline class="smallCaps">Sec</inline>. 2. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress finds that—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4541">42 USC 4541</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">alcohol is one of the most dangerous drugs and the drug most frequently abused in the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">of the Nation’s estimated ninety-five million drinkers, at least nine million, or 7 per centum of the adult population, are alcohol abusers and alcoholics;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">problem drinking costs the national economy at least $15,000,000,000 annually m lost working time, medical and public assistance expenditures, and police and court costs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">alcohol abuse is found with increasing frequency among persons who are multiple-drug abusers and among former heroin users who are being treated in methadone maintenance programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">alcohol abuse is being discovered among growing numbers of youth; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">alcoholism is an illness requiring treatment and rehabilitation through the assistance of a broad range of community health and social services, and with the cooperation of law enforcement agencies.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">It is the policy of the United States and the purpose of this Act to (1) approach alcohol abuse and alcoholism from a comprehensive community care standpoint, and (2) meet the problems of alcohol abuse and alcoholism not only through Federal assistance to the States but also through direct Federal assistance to community-based programs meeting the urgent needs of special populations and developing methods for diverting problem drinkers from criminal justice systems into prevention and treatment programs.”.</content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Congress declares that, in addition to the programs under<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4542">42 USC 4542</ref>.</p></sidenote> the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, programs under other Federal laws which provide Federal or federally assisted research, prevention, treatment, or rehabilitation in the fields of health and social services should be appropriately utilized to help eradicate alcohol abuse and alcoholism as a major problem.</content> </subsection> </section> </section> </part> <page identifier="/us/stat/88/127">88 <inline class="smallCaps">Stat</inline>. 127</page> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Grants To States</inline></heading> <section> <heading class="smallCaps centered">program extension</heading> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 301 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4571">42 USC 4571</ref>.</p></sidenote> is amended by inserting immediately after “<quotedText>for each of the next two fiscal years</quotedText>” the following: “<quotedText>, $80,000,000 for the fiscal year ending June 30, 1975, and $80,000,000 for the fiscal year ending June 30, 1976,</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The section heading for such section is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization for formula grants”.</heading> </section> </quotedContent> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">program improvements</heading> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 302 of such Act is amended by adding at <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4572">42 USC 4572</ref>.</p></sidenote> the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">On the request of any State, the Secretary is authorized to arrange for the assignment of officers and employees of the Department or provide equipment or supplies in lieu of a portion of the allotment of such State. The allotment may be reduced by the fair market value of any equipment or supplies furnished to such State and by the amount of the pay, allowances, traveling expenses, and any other costs in connection with the detail of an officer or employee to the State. The amount by which such payments are so reduced shall be available for payment of such costs (including the costs of such equipment and supplies) by the Secretary, but shall for purposes of determining the allotment under section 302(a), be deemed to have been paid to the State.”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 302(b) of such Act is amended (A) by striking out in the first sentence “<quotedText>so allotted to a State</quotedText>” and inserting in lieu thereof “<quotedText>allotted to a State in a fiscal year</quotedText>”; and (B) by striking out in the second sentence “<quotedText>for a fiscal year</quotedText>” and inserting in lieu thereof “<quotedText>in a fiscal year</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Section 303(a) of such Act is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4573">42 USC 4573</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out in paragraph (3) “<quotedText>or groups</quotedText>” and inserting in lieu thereof “<quotedText>, of groups to be served with attention to assuring representation of minority and poverty groups</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>and</quotedText>” at the end of paragraph (9);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by redesignating paragraph (10) as paragraph (11); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by adding after paragraph (9) the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">“(10) </num> <content class="inline">set forth, in accordance with criteria to be set by the Secretary, standards (including enforcement procedures and penalties) for (A) construction and licensing of public and private treatment facilities, and (B) for other community services or resources available to assist individuals to meet problems resulting from alcohol abuse; and”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">uniform alcoholism and intoxication treatment act</heading> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">Part A of title III of such Act is amended by adding <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4571">42 USC 4571</ref>.</p></sidenote> at the end thereof the following new section: <page identifier="/us/stat/88/128">88 <inline class="smallCaps">Stat</inline>. 128</page> <quotedContent> <section> <heading class="smallCaps centered">“special grants for implementation of the uniform alcoholism and intoxication treatment act</heading> <section class="firstIndent1 fontsize10"> <num value="304">“<inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To assist States which have adopted the basic provisions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4574">42 USC 4574</ref>.</p></sidenote> of the Uniform Alcoholism and Intoxication Treatment Act (hereinafter in this section referred to as the ‘Uniform Act’) to utilize fully the protections of the Uniform Act in their efforts to approach alcohol abuse and alcoholism from a community care standpoint, the Secretary, acting through the Institute, shall, during the period beginning July 1, 1974, and ending June 30, 1977, make grants to such States for the implementation of the Uniform Act. A grant under this section to any State may only be made for that State’s costs (as determined in accordance with regulations which the Secretary shall promulgate not later than July 1, 1974) in implementing the Uniform Act for a period which does not exceed one year from the first day of the first month for which the grant is made. No State may receive more than three grants under this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">No grant may be made under this section unless an application<sidenote><p class="firstIndent1 fontsize8">Applications.</p></sidenote> therefor has been submitted to, and approved by, the Secretary. Such application shall be in such form, submitted in such manner, and contain such information as the Secretary shall by regulation prescribe. The Secretary may not approve an application of a State under this section unless he determines the following:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">The State and each of its political subdivisions are committed to the concept of care for alcoholism and alcohol abuse through community health and social service agencies, and, in accordance with the purposes of sections 1 and 19 of the Uniform Act, have repealed those portions of their criminal statutes and ordinances under which drunkenness is the gravamen of a petty criminal offense, such as loitering, vagrancy, or disturbing the peace.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The laws of the State respecting acceptance of individuals<sidenote><p class="firstIndent1 fontsize8">Treatment programs, acceptance standards.</p></sidenote> into alcoholism and intoxication treatment programs are in accordance with the following standards of acceptance of individuals for such treatment (contained in section 10 of the Uniform Act):</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">A patient shall, if possible, be treated on a voluntary rather than an involuntary basis.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">A patient shall be initially assigned or transferred to outpatient or intermediate treatment, unless he is found to require inpatient treatment.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">An individualized treatment plan shall be prepared and maintained on a current basis for each patient.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">Provision shall be made for a continuum of coordinated treatment services so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The laws of the State respecting involuntary commitment of alcoholics are consistent with the provisions of section 14 of the Uniform Act which protect individual rights.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The application of the State contains such assurances as the Secretary may require to carry out the purposes of this section.</content> </paragraph> <continuation class="inline">For purposes of subsection (a), the term ‘basic provisions of the Uniform Alcoholism and Intoxication Treatment Act’ shall not in the<page identifier="/us/stat/88/129">88 <inline class="smallCaps">Stat</inline>. 129</page> case of a State which has a State plan approved under section 303 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4573">42 USC 4573</ref>.</p></sidenote> include any provision of the Uniform Act respecting the organization of such State’s treatment programs (as defined in the Uniform Act) which are inconsistent with the requirements of such State plan.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The amount of any grant under this section to any State for any fiscal year may not exceed the sum of $100,000 and an amount equal to 10 per centum of the allotment of such State for such fiscal year under section 302 of this Act. Payments under grants under this section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4572">42 USC 4572</ref>.</p></sidenote> may be made in advance or by way of reimbursement, and at such intervals and on such conditions, as the Secretary finds necessary.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">For the purpose of making payments under grants under this <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> section, there are authorized to be appropriated $13,000,000 for the fiscal year ending June 30, 1975, and for each of the next two fiscal years.”.</content> </subsection> </section> </section> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">conforming amendment</heading> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">The heading for part A of title III of such Act is amended by striking out “<quotedText><inline class="smallCaps">Formula Grants</inline></quotedText>” and inserting in lieu thereof “<quotedText><inline class="smallCaps">Grants to States</inline></quotedText>”.</content> </section> </section> </part> <part> <num value="C"><inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Project Grants and Contracts</inline></heading> <section> <heading class="smallCaps centered">grants and contracts for prevention and treatment projects</heading> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <content class="inline">Section 311 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4577">42 USC 4577</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“grants and contracts for the prevention and treatment of alcohol abuse and alcoholism</heading> <section class="firstIndent1 fontsize10"> <num value="311">“<inline class="smallCaps">Sec</inline>. 311. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary, acting through the Institute, may make grants to public and nonprofit private entities and may enter into contracts with public and private entities and with individuals—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to conduct demonstration, service, and evaluation projects,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to provide education and training,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">to provide programs and services in cooperation with schools, courts, penal institutions, and other public agencies, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">to provide counseling and education activities on an individual or community basis,</content> </paragraph> <continuation class="inline">for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Projects and programs for which grants and contracts are made under this section shall (1) whenever possible, be community based, seek to insure care of good quality in general community care facilities and under health insurance plans, and be integrated with, and provide for the active participation of, a wide range of public and nongovernmental agencies, organizations, institutions, and individuals; and (2) where appropriate utilize existing community resources (including community mental health centers).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In administering this section, the Secretary shall require coordination of all applications for projects and programs in a State.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Each applicant from within a State, upon filing its application with the Secretary for a grant or contract under this section, shall submit a copy of its application for review by the State agency designated under section 303 of this Act, if such designation has been made. Such State agency shall be given not more than thirty days from the date of receipt of the application to submit to the Secretary, in writing, an evaluation of the project or program set forth in the applica-<page identifier="/us/stat/88/130">88 <inline class="smallCaps">Stat</inline>. 130</page>tion. Such evaluation shall include comments on the relationship of the project to other projects and programs pending and approved and to the State comprehensive plan for treatment and prevention of alcohol abuse and alcoholism under section 303. The State shall furnish<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4573">42 USC 4573</ref>.</p></sidenote> the applicant a copy of any such evaluation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">Approval of any application for a grant or contract by the Secretary, including the earmarking of financial assistance for a program or project, may be granted only if the application substantially meets a set of criteria established by the Secretary that—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">provides that the projects and programs for which assistance under this section is sought will be substantially administered by or under the supervision of the applicant;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">provides for such methods of administration its are necessary for the proper and efficient operation of such programs and projects;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">provides reasonable assurance that Federal funds made available under this section for any period will be so used as to supplement and increase, to the extent feasible and practical, the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the projects and programs described in this section, and will in no event supplant such State, local, and other non-Federal funds.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">To make payments under grants and contracts under this<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> section, there are authorized to be appropriated $80,000,000 for the fiscal year ending June 30, 1975, and $95,000,000 for the fiscal year ending June 30, 1976.”.</content> </subsection> </section> </section> </quotedContent> </content> </section> </section> </part> <part> <num value="D"><inline class="smallCaps">Part D</inline>—</num> <heading class="inline"><inline class="smallCaps">Admission to Hospitals; Confidentiality of Records</inline></heading> <section> <heading class="smallCaps centered">hospital admissions</heading> <section class="firstIndent1 fontsize10"> <num value="121"><inline class="smallCaps">Sec</inline>. 121. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 321 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4581">42 USC 4581</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“admission of alcohol abusers and alcoholics to private and public hospitals</heading> <section class="firstIndent1 fontsize10"> <num value="321">“<inline class="smallCaps">Sec</inline>. 321. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Alcohol abusers and alcoholics who are suffering from medical conditions shall not be discriminated against in admission or treatment, solely because of their alcohol abuse or alcoholism, by any private or public general hospital which receives support in any form from any program supported in whole or in part by funds appropriated to any Federal department or agency.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary is authorized to make regulations for the<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> enforcement of the policy of subsection (a) with respect to the admission and treatment of alcohol abusers and alcoholics in hospitals which receive support of any kind from any program administered by the Secretary. Such regulations shall include procedures for determining (after opportunity for a hearing if requested) if a violation of subsection (a) has occurred, notification of failure to comply with such subsection, and opportunity for a violator to. comply with such subsection. If the Secretary determines that a hospital subject to such regulations has violated subsection (a) and such violation continues after an opportunity has been afforded for compliance, the Secretary<page identifier="/us/stat/88/131">88 <inline class="smallCaps">Stat</inline>. 131</page> may suspend or revoke, after opportunity for a hearing, all or part of any support of any kind received by such hospital from any program administered by the Secretary. The Secretary may consult with the officials responsible for the administration of any other Federal program from which such hospital receives support of any kind, with respect to the suspension or revocation of such other Federal support for such hospital.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Administrator of Veterans’ Affairs, through the Chief <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38, United States Code, prescribe <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s101">38 USC 101 <i>et seq.</i></ref></p></sidenote> regulations making applicable the regulations prescribed by the Secretary under paragraph (1) of this subsection to the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from alcohol abuse or alcoholism. In prescribing and implementing regulations pursuant to this paragraph, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.”.</content> </paragraph> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Administrator of Veterans’ Affairs shall submit to the <sidenote><p class="firstIndent1 fontsize8">Report, submittal to congressional committees.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4581">42 USC 4581 note</ref>.</p></sidenote> appropriate committees of the House of Representatives and the Senate a full report (1) on the regulations (including guidelines, policies, and procedures thereunder) he has prescribed pursuant to section 321(b) (2) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, (2) explaining <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 130.</p></sidenote> the bases for any inconsistency between such regulations and regulations of the Secretary under section 321(b) (1) of such Act, (3) on the extent, substance, and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator’s regulations, and (4) containing such recommendations for legislation and administrative actions as he determines are necessary and desirable. The Administrator shall submit such report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 321(b)(1) , and shall timely publish such <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> report in the Federal Register.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">confidentiality</heading> <section class="firstIndent1 fontsize10"> <num value="322"><inline class="smallCaps">Sec</inline>. 122. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 333 of such Act is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4582">42 USC 4582</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“confidentiality of records</heading> <section class="firstIndent1 fontsize10"> <num value="333">“<inline class="smallCaps">Sec</inline>. 333. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any program or activity relating to alcoholism or alcohol abuse education, training, treatment, rehabilitation, or research, which is conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e) , be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The content of any record referred to in subsection (a) <sidenote><p class="firstIndent1 fontsize8">Disclosure.</p></sidenote> may be disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed under regulations prescribed pursuant to subsection (g).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Whether or not the patient, with respect to whom any given record referred to in subsection (a) of this section is maintained, gives<page identifier="/us/stat/88/132">88 <inline class="smallCaps">Stat</inline>. 132</page> his written consent, the content of such record may be disclosed as follows:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">To medical personnel to the extent necessary to meet a bona fide medical emergency.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">To qualified personnel for the purpose of conducting scientific research, management audits, financial audits,, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">Except as authorized by a court order granted under subsection (b) (2) (C) of this section, no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The prohibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when he ceases to be a patient.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <chapeau class="inline">The prohibitions of this section do not apply to any interchange of records—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">within the Armed Forces or within those components of the Veterans’ Administration furnishing health care to veterans, or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">between such components and the Armed Forces.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">Any person who violates any provision of this section or any<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> regulation issued pursuant to this section shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">Except as provided in subsection (h) of this section, the<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> Secretary shall prescribe regulations to carry out the purposes of this section. These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection (b) (2) (C), as in the judgment of the Secretary are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">The Administrator of Veterans’ Affairs, through the Chief Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38, United States Code, prescribe<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s101">38 USC 101 <i>et seq.</i></ref></p></sidenote> regulations making applicable the regulations prescribed by the Secretary under subsection (g) of this section to records maintained in connection with the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from alcohol abuse or alcoholism. In prescribing and implementing regulations pursuant to this subsection, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.”.</content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 303(a) of the Public Health Service Act (42 U.S.C. 242a (a)) is amended by striking out “<quotedText>the use and effect of drugs</quotedText>” and<page identifier="/us/stat/88/133">88 <inline class="smallCaps">Stat</inline>. 133</page> inserting in lieu thereof “<quotedText>mental health, including research on the use and effect of alcohol and other psychoactive drugs,</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Administrator of Veterans’ Affairs shall submit to the <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4582">42 USC 4582 note</ref>.</p></sidenote> appropriate committees of the House of Representatives and the Senate a full report (1) on the regulations (including guidelines, policies, and procedures thereunder) he has prescribed pursuant to section 333(h) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, (2) explaining the basis <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 131.</p></sidenote> for any inconsistency between such regulations and regulations of the Secretary under section 333(g) of such Act, (3) on the extent, substance, and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator’s regulations, and (4) containing such recommendations for legislation and administrative actions as he determines are necessary and desirable. The Administrator shall submit such report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 333(g), and shall timely publish such report in the <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> Federal Register.</content> </subsection> </section> </section> </part> <part> <num value="E"><inline class="smallCaps">Part E</inline>—</num> <heading class="inline"><inline class="smallCaps">Interagency Committee</inline></heading> <section> <heading class="smallCaps centered">interagency committee</heading> <section class="firstIndent1 fontsize10"> <num value="131"><inline class="smallCaps">Sec</inline>. 131. </num> <content class="inline">Title I of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551</ref>.</p></sidenote> amended by adding at the end the following: <quotedContent> <section> <heading class="smallCaps centered">“interagency committee on federal activities for alcohol abuse and alcoholism</heading> <section class="firstIndent1 fontsize10"> <num value="103">“<inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary shall establish an Interagency Committee <sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4553">42 USC 4553</ref>.</p></sidenote>on Federal Activities for Alcohol Abuse and Alcoholism (hereinafter in this section referred to as the ‘Committee’). The Committee shall (1) evaluate the adequacy and technical soundness of all Federal programs and activities which relate to alcoholism and alcohol abuse and provide for the comunication and exchange of information necessary to maintain the coordination and effectiveness of such programs and activities, and (2) seek to coordinate efforts undertaken to deal with alcohol abuse and alcoholism in carrying out Federal health, welfare, rehabilitation, highway safety, law enforcement, and economic opportunity laws.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Secretary or the Director of the National Institute on <sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> Alcohol Abuse and Alcoholism (or the Director’s designee) shall serve as Chairman of the Committee, the membership of which shall include (1) appropriate scientific, medical, or technical representation from the Department of Transportation, the Department of Justice, the Department of Defense, the Veterans’ Administration, and such other Federal agencies and offices (including appropriate agencies and offices of the Department of Health, Education, and Welfare) as the Secretary determines administer programs directly affecting alcoholism and alcohol abuse, and (2) five individuals from the general public appointed by the Secretary from individuals who by virtue of their training or experience are particularly qualified to participate in the performance of the Committee’s functions. The Committee shall meet at the call of the Chairman, but not less often than four times a year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">Each appointed member of the Committee shall be appointed <sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> for a term of four years, except that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and</content> </paragraph> <page identifier="/us/stat/88/134">88 <inline class="smallCaps">Stat</inline>. 134</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">of the members first appointed, two shall be appointed for a term of four years, two shall be appointed for a term of three years, and one shall be appointed for a term of one year, as designated by the Secretary at the time of appointment.</content> </paragraph> <continuation class="inline">Appointed members may serve after the expiration of their terms until their successors have taken office.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Appointed members of the Committee shall receive for each<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> day they are engaged in the performance of the functions of the Committee compensation at rates not to exceed the daily equivalent of the annual rate in effect for grade GS–18 of the General Schedule, including <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> traveltime; and all members, while so serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as such expenses are authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Secretary shall make available to the Committee such staff, information, and other assistance as it may require to carry out its activities effectively.”.</content> </subsection> </section> </section> </quotedContent> </content> </section> </section> </part> <num value="II">TITLE II—</num> <heading class="inline">ADMINISTRATION AND COORDINATION OF THE NATIONAL INSTITUTE OF MENTAL HEALTH, THE NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM, AND THE NATIONAL INSTITUTE ON DRUG ABUSE</heading> <section> <heading class="smallCaps centered">alcohol, drug abuse, and mental health administration</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of Health, Education, and Welfare<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3511">42 USC 3511</ref>.</p></sidenote> shall establish, in the Department of Health, Education, and Welfare, the Alcohol, Drug Abuse, and Mental Health Administration (hereinafter in this section referred to as the “Administration”). The Administration shall be headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. The Administrator, with the approval of the Secretary, may appoint a Deputy Administrator and may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the activities to be carried out through the Administration.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary, acting through the Administration, shall supervise the functions of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse in order to assure that (1) the programs carried out through each such Institute receive appropriate and equitable support, and (2) there is cooperation among the Institutes in the implementation of such programs.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Secretary of Health, Education, and Welfare shall estab-<sidenote><p class="firstIndent1 fontsize8">National Panel on Alcohol, Drug Abuse, and Mental Health.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> National Panel on Alcohol, Drug Abuse, and Mental Health (hereinafter in this subsection referred to as the “panel”) to advise, consult with, and make recommendations to the Secretary concerning the activities to be carried out through the Administration. The panel shall consist of three members appointed by the Secretary as follows: One member shall be appointed from the public members of the National Advisory Mental Health Council established under section 217 of the Public Health Service Act, one member shall be appointed<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s218">42 USC 218</ref>.</p></sidenote> from the public members of the National Advisory Council on Alcohol Abuse and Alcoholism established under such section, and one member shall be appointed from the public members of the National Advisory Council on Drug Abuse established under such section.</content> </subsection> </section> </section> <page identifier="/us/stat/88/135">88 <inline class="smallCaps">Stat</inline>. 135</page> <section> <heading class="smallCaps centered">national institute of mental health</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">Title IV of the Public Health Service Act is amended by redesignating part G as part H, by redesignating section 454 as section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s259l">42 USC 259<i>l</i></ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289i">42 USC 289i</ref>.</p></sidenote> 461, and by inserting after part F the following new part: </content> </section> </section> <part> <num value="G">“<inline class="smallCaps">Part G</inline>—</num> <heading class="inline"><inline class="smallCaps">National Institute of Mental Health</inline></heading> <section> <heading class="smallCaps centered">“establishment of institute</heading> <section class="firstIndent1 fontsize10"> <num value="455">“<inline class="smallCaps">Sec</inline>. 455. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established the National Institute of Mental <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289k–1">42 USC 289k–1</ref>.</p></sidenote> Health (hereinafter in this part referred to as the ‘Institute’) to administer the programs and authorities of the Secretary with respect to mental health. The Secretary, acting through the Institute, shall, in carrying out the purposes of sections 301 and 303 of this Act and the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/242a">42 USC 241, 242a</ref>.</p></sidenote> Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (other than part C of title II) with respect <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2661">42 USC 2661 note</ref>.</p></sidenote> to mental illness, develop and conduct comprehensive health, education, training, research, and planning programs for the prevention and treatment of mental illness and for the rehabilitation of the mentally ill. The Secretary shall carry out through the Institute the administrative and financial management, policy development and planning, evaluation, and public information functions which are required for the implementation of such programs and authorities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Institute shall be under the direction of a Director who shall be appointed by the Secretary.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Director, with the approval of the Secretary, may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the programs and authorities to be carried out through the Institute.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The programs to be carried out through the Institute shall be administered so as to encourage the broadest possible participation of professionals and paraprofessionals in the fields of medicine, science, the social sciences, and other related disciplines.”</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">national institute on alcohol abuse and alcoholism</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 101 of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4551">42 USC 4551</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“establishment of the institute</heading> <section class="firstIndent1 fontsize10"> <num value="101">“<inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established the National Institute on Alcohol Abuse and Alcoholism (hereafter in this Act referred to as the ‘Institute’) to administer the programs and authorities assigned to the Secretary of Health, Education, and Welfare (hereafter in this Act referred to as the ‘Secretary’) by this Act and part C of the Community Mental Health Centers Act. The Secretary, acting through <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2688e">42 USC 2688e</ref>.</p></sidenote> the Institute, shall, in carrying out the purposes of sections 301 and 303 of the Public Health Service Act with respect to alcohol abuse and alcoholism, develop and conduct comprehensive health, education, training, research, and planning programs for the prevention and treatment of alcohol abuse and alcoholism and for the rehabilitation of alcohol abusers and alcoholics. The Secretary shall carry out through the Institute the administrative and financial management, policy development and planning, evaluation, and public information functions which are required for the implementation of such programs and authorities.</content> </subsection> <page identifier="/us/stat/88/136">88 <inline class="smallCaps">Stat</inline>. 136</page> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Institute shall be under the direction of a Director who shall be appointed by the Secretary.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Director, with the approval of the Secretary, may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the programs to be carried out through the Institute.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The programs to be carried out through the Institute shall be administered so as to encourage the broadest possible participation of professionals and paraprofessionals in the fields of medicine, science, the social sciences, and other related disciplines.”</content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 102(2) of such Act is amended by inserting “<quotedText>and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4552">42 USC 4552</ref>.</p></sidenote> every three years thereafter</quotedText>” after “Act”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 102 of such Act is amended by striking out “<quotedText>and</quotedText>” at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting in lieu thereof “<quotedText> ; and</quotedText>”, and by adding after paragraph (4) the following: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">submit to Congress on or before the end of each calendar<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> year a report on the extent to which other Federal programs and departments are concerned and dealing effectively with the problems of alcohol abuse and alcoholism.</content> </paragraph> </quotedContent> </content> </subparagraph> <continuation class="inline">Before submitting a report under paragraph (5), the Secretary shall give each department and agency of the Government which (or a program of which) is referred to in the report he proposes to submit under such paragraph an opportunity to comment on the proposed report; and the Secretary shall include in the report submitted to Congress under such paragraph the comments received by him from any such department or agency within 30 days from the date the proposed report was submitted to such department or agency.”.</continuation> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">The first report to be submitted by the Secretary of Health,<sidenote><p class="firstIndent1 fontsize8">Submittal date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4552">42 USC 4552 note</ref>.</p></sidenote> Education, and Welfare under section 102(5) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation<sidenote><p class="firstIndent1 fontsize8">Supra.</p></sidenote> Act of 1970 shall be submitted not later than December 31, 1974.</content> </subparagraph> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">national institute on drug abuse</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Subsections (a) and (b) of section 501 of the Drug Abuse Office and Treatment Act of 1972 are amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s1191">21 USC 1191</ref>.</p></sidenote> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content class="inline">There is established the National Institute on Drug Abuse (hereinafter in this section referred to as the ‘Institute’) to administer the programs and authorities of the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the ‘Secretary’) with respect to drug abuse prevention functions. The Secretary, acting through the Institute, shall, in carrying out the purposes of sections 301, 302, and 303 of the Public Health Service Act with respect<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/242/242a">42 USC 241, 242, 242a</ref>.</p></sidenote> to drug abuse, develop and conduct comprehensive health, education, training, research, and planning programs for the prevention and treatment of drug abuse and for the rehabilitation of drug abusers. The Secretary shall carry out through the Institute the administrative and financial rnanagement, policy development and planning, evaluation, and public information functions which are required for the implementation of such programs and authorities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Institute shall be under the direction of a Director who shall be appointed by the Secretary.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Director, with the approval of the Secretary, may employ and prescribe the functions of such officers and employees, including attorneys, as are necessary to administer the programs and authorities to be carried out through the Institute.”.</content> </paragraph> </subsection> </quotedContent> </content> </section> </section> </part> 88 Stat. 137 <num value="III">TITLE III—</num> <heading class="inline">TECHNICAL AND CONFORMING AMENDMENTS</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <chapeau class="inline">Section 5108 (c) of title 5, United States Code, is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out the period at the end of paragraph (10) (B) and inserting in lieu thereof a semicolon;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by redesignating the paragraph (10) relating to the Law Enforcement Assistance Administration as paragraph (11) and by striking out the period at the end of that paragraph and inserting in lieu thereof a semicolon;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by redesignating the paragraph (10) relating to the Chief Judge of the United States Tax Court as paragraph (12) and by striking out “<quotedText>and</quotedText>” at the end of that paragraph;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by redesignating the paragraph (11) relating to the Chairman of the Equal Employment Opportunity Commission as paragraph (13) and by striking out the period at the end of that paragraph and inserting in lieu thereof “<quotedText> ; and</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="14">“(14) </num> <content class="inline">the Secretary of Health, Education, and Welfare, subject to the standards and procedures prescribed by this chapter, may place a total of eleven positions in the National Institute on Alcohol Abuse and Alcoholism in GS-16, 17, and 18.”.</content> </paragraph> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">Section 247 of the Community Mental Health Centers Act <sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote> (42 U.S.C. 2688j–2) is repealed.</content> </section> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 408 of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1175) is amended to read as follows: <quotedContent> <section class="firstIndent0 fontsize10"> <num value="408">“§408. </num> <heading class="inline">Confidentiality of patient records</heading> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content class="inline">Records of the identity, diagnosis, prognosis, or treatment of any patient which are maintained in connection with the performance of any drug abuse prevention function conducted, regulated, or directly or indirectly assisted by any department or agency of the United States shall, except as provided in subsection (e), be confidential and be disclosed only for the purposes and under the circumstances expressly authorized under subsection (b) of this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The content of any record referred to in subsection (a) may be disclosed in accordance with the prior written consent of the patient with respect to whom such record is maintained, but only to such extent, under such circumstances, and for such purposes as may be allowed under regulations prescribed pursuant to subsection (g).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Whether or not the patient, with respect to whom any given record referred to in subsection (a) of this section is maintained, gives his written consent, the content of such record may be disclosed as follows: <quotedContent> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">To medical personnel to the extent necessary to meet a bona fide medical emergency.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">To qualified personnel for the purpose of conducting scientific research, management audits, financial audits, or program evaluation, but such personnel may not identify, directly or indirectly, any individual patient in any report of such research, audit, or evaluation, or otherwise disclose patient identities in any manner.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">If authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefor. In assessing good cause the court shall weigh the public interest and the need for disclosure against the injury to the patient, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in deter-<page identifier="/us/stat/88/138">88 <inline class="smallCaps">Stat</inline>. 138</page>mining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure.</content> </subparagraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">Except as authorized by a court order granted under subsection (b)(2)(C) of this section, no record referred to in subsection (a) may be used to initiate or substantiate any criminal charges against a patient or to conduct any investigation of a patient.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The prohibitions of this section continue to apply to records concerning any individual who has been a patient, irrespective of whether or when he ceases to be a patient.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <chapeau class="inline">The prohibitions of this section do not apply to any interchange of records—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">within the Armed Forces or within those components of the Veterans’ Administration furnishing health care to veterans, or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">between such components and the Armed Forces.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">Any person who violates any provision of this section or any<sidenote><p class="firstIndent1 fontsize8">Penalties.</p></sidenote> regulation issued pursuant to this section shall be fined not more than $500 in the case of a first offense, and not more than $5,000 in the case of each subsequent offense.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">The Director of the Special Action Office for Drug Abuse Prevention, <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> after consultation with the Administrator of Veterans’ Affairs and the heads of other Federal departments and agencies substantially affected thereby, shall prescribe regulations to carry out the purposes of this section. These regulations may contain such definitions, and may provide for such safeguards and procedures, including procedures and criteria for the issuance and scope of orders under subsection (b) (2) (C), as in the judgment of the Director are necessary or proper to effectuate the purposes of this section, to prevent circumvention or evasion thereof, or to facilitate compliance therewith.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Effective on the date specified in section 104 of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1104), the first sentence of section 408(g) of that Act (21 U.S.C. 1175) is amended by<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 137.</p></sidenote> striking “<quotedText>Director of the Special Action Office for Drug Abuse Prevention</quotedText>” and inserting in lieu thereof “<quotedText>Secretary of Health, Education, and Welfare</quotedText>”, and the second sentence of such section is amended by striking “<quotedText>Director</quotedText>” and inserting “<quotedText>Secretary</quotedText>” in lieu thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Effective on the date specified in paragraph (1) of this subsection, section 408 of such Act is further amended by—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">striking out “<quotedText>The</quotedText>” and inserting in lieu thereof “<quotedText>Except as provided in subsection (h) of this section, the</quotedText>” in the first sentence of subsection (g) of such section; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">adding at the end of such section the following new subsection:</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">The Administrator of Veterans’ Affairs, through the Chief Medical Director, shall, to the maximum feasible extent consistent with their responsibilities under title 38, United States Code, prescribe<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s101">38 USC 101 <i>et seq.</i></ref></p></sidenote> regulations making applicable the regulations established by the Secretary under subsection (g) of this section to records maintained in connection with the provision of hospital care, nursing home care, domiciliary care, and medical services under such title 38 to veterans suffering from drug abuse. In prescribing and implementing regulations pursuant to this subsection, the Administrator shall, from time to time, consult with the Secretary in order to achieve the maximum possible coordination of the regulations, and the implementation thereof, which they each prescribe.”.</content> </subsection> </quotedContent> </paragraph> </subsection> <page identifier="/us/stat/88/139">88 <inline class="smallCaps">Stat</inline>. 139</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Administrator of Veterans’ Affairs shall submit to the <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s1175">21 USC 1175 note</ref>.</p></sidenote> appropriate committees of the House of Representatives and the Senate a full report (1) on the regulations (including guidelines, policies, and procedures thereunder) he has prescribed pursuant to section 408(h) of the Drug Abuse Office and Treatment Act of 1972, (2) <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 138.</p></sidenote> explaining the bases for any inconsistency between such regulations and the regulations of the Secretary of Health, Education, and Welfare under section 408(g) of that Act, (3) on the extent, substance, <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 137.</p></sidenote> and results of his consultations with the Secretary respecting the prescribing and implementation of the Administrator’s regulations, and (4) containing such recommendations for legislation and administrative actions as he determines are necessary and desirable. The Administrator <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> shall submit such report not later than sixty days after the effective date of the regulations prescribed by the Secretary under such section 408(g), and shall timely publish such report in the Federal Register.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Any regulation under or with respect to section 408 of the Drug Abuse Office and Treatment Act of 1972 (21 U.S.C. 1175) issued by the Director of the Special Action Office for Drug Abuse Prevention<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t21/s1175">21 USC 1175 note</ref>.</p></sidenote> prior to the date specified in section 104 of that Act (21 U.S.C. 1104), whether before or after the enactment of this Act, shall remain in effect until revoked or amended by the Director or the Secretary of Health, Education, and Welfare, as the case may be.</content> </subsection> </section> Approved May 14, 1974.
Public Law 93–283: To amend certain laws affecting the Coast Guard. Public Law 283 88 Stat. 139 1974-05-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–283
An Act To amend certain laws affecting the Coast Guard.

May 14, 1974

[H. R. 9293]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That title 14, United

Coast Guard.

 States Code, is amended as follows: (1) Section 83 is amended by inserting the words “in or adjacent to the waters subject to the jurisdiction of the United States, its territories or possessions, or the Trust Territory of the Pacific Islands, or on the high seas if that person, or public body, or instrumentality is subject to the jurisdiction of the United States,” between the word “navigation” and the word “without” in the first sentence thereof. (2) Section 85 is amended— (A) by deleting the words “on fixed structures” from the catchline; (B) by inserting the words “and floating” between the word “fixed” and the word “structures” in the first sentence thereof; (C) by deleting the word “navigable” between the word “over” and the word “waters” and by inserting the words “subject to the jurisdiction” between the word “waters” and the words “of the United States”; and (D) by adding the following words at the end of the first sentence thereof: “and in the high seas for structures owned or operated by persons subject to the jurisdiction of the United States”. (3) Section 86 is amended by deleting the word “any” preceding the words “navigable waters” and substituting therefor the word “the” and by inserting the words “or waters above the continental shelf” between the words “navigable waters” and the words “of the United States” in the first sentence thereof. 88 Stat. 140 (4) The analysis of chapter 5 is amended by deleting the words “on fixed structures” in item (section) 85. (5) The second sentence of subsection (d) of section 214 is amended

14 USC 214.

 by changing the period at the end thereof to a comma and by adding the following to the sentence: “or any reduction in the pay and allowances to which he was entitled under a prior temporary appointment in a lower grade.”. (6) Subsection (a) of section 283 is amended by inserting the words “has completed at least 20 years of active service or” between the word “he” and the word “is” in paragraph (3) thereof. (7) Section 285 is amended by inserting the words “he has completed at least 20 years of active service or is” between the word “if” and the word “eligible” in paragraph (1) thereof. (8) Section 288 is amended— (A) by deleting in subsection (a) the words “if not earlier retired,” and substituting therefor the words “unless retired under some other provision of law,”; (B) by adding at the end of subsection (a) a new sentence as follows: “An officer advanced in precedence on the active duty promotion list because of his promotion resulting from selection for promotion from below the zone is not subject to involuntary retirement under this section earlier than if he had not been selected from below the zone.”. (9) Section 656 is amended— (A) by amending the catchline to read:
“§656. Use of moneys appropriated for acquisition, construction, and improvement; for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters”;
(B) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively; and (C) by inserting a new subsection (a) as follows: “(a) Funds appropriated to or for the use of the Coast Guard for acquisition, construction, and improvement of facilities, for research, development, test, and evaluation; and for the alteration of bridges over the navigable waters shall remain available until expended.”. (10) Chapter 17 is amended by adding the following new section after section 657:
Ҥ658 Confidential investigative expenses

14 USC 658.

 “Not more than $15,000 per annum appropriated for necessary expenses for the operation of the Coast Guard shall be available for investigative expenses of a confidential character, to be expended on the approval or authority of the Commandant and payment to be made on his certificate of necessity for confidential purposes, and his determination shall be final and conclusive upon the accounting officers of the Government.”.
(11) The analysis of chapter 17 is amended— (A) by amending item (section) 656 to read: “656 88 Stat. 141 (B) by adding the following after item (section) 657: “658. (12) The last sentence of subsection (a) of section 760 is amended

14 USC 760.

 by deleting therein the figure “$300” and substituting therefor the figure “$600”. (13) Chapter 21 is amended by adding after section 764 the following new section:
Ҥ765. Enlistment of members engaged in schooling

14 USC 765.

 “To permit the enlistment of Reserve members without interruption of full-time schooling in which they are engaged, the four-month initial period of active duty for training requirement of subsection (d) of section 511 of title 10, United States Code, may be divided into two successive annual periods of not less than two months each.”.
(14) The analysis of chapter 21 is amended— (A) by inserting the following after item (section) 764: “765. and (B) by inserting the following after item (section) 795: “796. “797. “798. (15) Section 832 is amended by adding at the end thereof a new sentence as follows: “The performance of a specific duty as the term is used in this section includes time engaged in traveling back and forth between the place of assigned duty and the permanent residence of a member of the Auxiliary.”
Sec. 2. Paragraphs (5) and (8) of section 1 of this Act are effective

Effective dates.

14 USC 214 note.

 as of the original date of enactment of the sections thereby amended.
Sec. 3. Subsection (a) of section 2683 of title 10, United States Code, is amended by deleting the words “of a military department” in the first sentence thereof and substituting therefor the word “concerned”.
Approved May 14, 1974.
Public Law 93–284: To name structure S–5A of the Central and Southern Florida Flood Control District, located in Palm Beach County, Florida, as the “W. Turner Wallis Pumping Station” in memory of the late W. Turner Wallis, the first secretary-treasurer and chief engineer for the Central and Southern Florida Flood Control District. Public Law 284 88 Stat. 141 1974-05-16 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–284
An Act To name structure S–5A of the Central and Southern Florida Flood Control District, located in Palm Beach County, Florida, as the “W. Turner Wallis Pumping Station” in memory of the late W. Turner Wallis, the first secretary-treasurer and chief engineer for the Central and Southern Florida Flood Control District.

May 16, 1974

[S. 2509]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That structure S–5A

W. Turner Wallis Pumping Station, Fla.

Designation.

 of the Central and Southern Florida Flood Control District, located in Palm Beach County, Florida, shall be named the “W. Turner Wallis Pumping Station” in memory of the late W. Turner Wallis, the first secretary-treasurer and chief engineer of the Central and Southern Florida Flood Control District.
Sec. 2. Any law, rule, regulation, document, map, or record of the United States in which reference is made to structure S–5A referred to in the first section of this Act shall be considered to be a reference to that structure by the name designated for the structure in the first section of this Act.
Approved May 16, 1974.
Public Law 93–285: To declare that certain mineral interests are held by the United States in trust for the Chippewa Cree Tribe of the Rocky Boy’s Reservation, Montana. Public Law 285 88 Stat. 142 1974-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 142 Public Law 93–285
An Act To declare that certain mineral interests are held by the United States in trust for the Chippewa Cree Tribe of the Rocky Boy’s Reservation, Montana.

May 21, 1974

[H. R. 5525]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Indians.

Chippewa Cree Tribe of the Rocky Boy’s Reservation, Mont.

Mineral rights held in trust.
That all right, title, and interest of the United States in minerals, including coal, oil, and gas, underlying lands held in trust by the United States for the Chippewa and Cree Indians of the Rocky Boy’s Reservation and lands located within the legal subdivision described in the Act of March 28, 1939 (53 Stat. 552), are hereby declared to be held by the United States in trust for the Chippewa Cree Tribe of the Rocky Boy’s Reservation, Montana: Provided, That all existing mineral leases, including oil and gas leases which may have been issued or approved by the Secretary of the Interior, or his authorized representative, pursuant to the Mineral Leasing Act of February 25, 1920 (41 Stat. 443), as amended, or the Act of May 11, 1938 (52 Stat. 347), prior to the effective

30 USC 181 note.

25 USC 396a.

 date of this Act, shall remain in force and effect in accordance with the provisions thereof.
Sec. 2. All bonuses, rents, and royalties received by the Secretary of

Leases, royalties.

 the Interior, or his authorized representative, from leases of lands identified in section 1 that were issued or approved by him and are now held in special deposits, and all such proceeds received from and after the effective date of this Act shall be deposited to the credit of

Deposits.

 the Chippewa Cree Tribe of the Rocky Boy’s Reservation for such beneficial programs as may be determined by the Tribal Council of the Chippewa Cree Tribe.
Sec. 3. All applications for mineral leases, including oil and gas

Mineral lease applications, rejections.

 leases, pursuant to the Mineral Leasing Act of February 25, 1920, covering any of the minerals referred to in section 1 hereof shall be rejected and the advance rental payments returned to the applicants.
Sec. 4. This Act shall have no application to the north half northwest quarter, southeast quarter northwest quarter, northeast quarter southwest quarter, southeast quarter southeast quarter, section 21; the southwest quarter southwest quarter, section 22; and the northwest quarter northeast quarter, northeast quarter northwest quarter, section 27 of township 29 north, range 14 east, and the north half southwest quarter, section 23 of township 30 north, range 15 east, M.M.; which lands have heretofore been patented to the State of Montana without reservation of minerals.
Approved May 21, 1974.
Public Law 93–286: To amend Public Law 90–335 (82 Stat. 174) relating to the purchase, sale, and exchange of certain lands on the Spokane Indian Reservation. Public Law 286 88 Stat. 142 1974-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–286
An Act To amend Public Law 90–335 (82 Stat. 174) relating to the purchase, sale, and exchange of certain lands on the Spokane Indian Reservation.

May 21, 1974

[H. R.5035]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (c)

Spokane Indian Reservation, Wash.

 of the Act of June 10, 1968 (82 Stat. 174) is amended by deleting the proviso so that said subsection will read as follows: “(c) Title to lands, or any interests therein, acquired pursuant to

Nontaxable trust lands.

25 USC 487.

 this Act for the Spokane Tribe or individual enrolled members thereof, shall be taken in the name of the United States of America in trust for the tribe or individual Indian, and shall be nontaxable as other tribal and allotted Indian trust lands of the Spokane Reservation.”
Approved May 21, 1974.
Public Law 93–287: To authorize the Secretary of State or such officer as he may designate to conclude an agreement with the People’s Republic of China for indemnification for any loss or damage to objects in the “Exhibition of the Archeological Finds of the People’s Republic of China” while in the possession of the Government of the United States. Public Law 287 88 Stat. 143 1974-05-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 143 Public Law 93–287
An Act To authorize the Secretary of State or such officer as he may designate to conclude an agreement with the People’s Republic of China for indemnification for any loss or damage to objects in the “Exhibition of the Archeological Finds of the People’s Republic of China” while in the possession of the Government of the United States.

May 21, 1974

[S. 3304]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Exhibition of the Archeological Finds of the People’s Republic of China.

Indemnification agreement.

 of State or such officer as he may designate is authorized to conclude an agreement with the Government of the People’s Republic of China for indemnification of such Government, in accordance Math the terms of the agreement, for any loss or damage suffered by objects in the exhibition of the archeological finds of the People’s Republic of China from the time such objects are handed over in Toronto, Canada, to a representative of the Government of the United States to the time they are handed over in Peking, China, to a representative of the Government of the People’s Republic of China.
Approved May 21, 1974.
Public Law 93–288: Entitled the “Disaster Relief Act Amendments of 1974” Public Law 288 88 Stat. 143 1974-05-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–288
An Act Entitled the “Disaster Relief Act Amendments of 1974”

May 22, 1974

[S. 3062]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Disaster Relief Act of 1974.

42 USC 5121 note.

 be cited as the “Disaster Relief Act of 1974”.
<num value="I">TITLE I—</num> <heading class="inline">FINDINGS, DECLARATIONS, AND DEFINITIONS</heading> <section> <heading class="smallCaps centered">findings and declarations</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress hereby finds and declares that—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5121">42 USC 5121</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">because disasters often cause loss of life, human suffering, loss of income, and property loss and damage; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">because disasters often disrupt the normal functioning of governments and communities, and adversely affect individuals and families with great severity;</content> </paragraph> <continuation class="inline">special measures, designed to assist the efforts of the affected States in expediting the rendering of aid, assistance, and emergency services, and the reconstruction and rehabilitation of devastated areas, are necessary.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">It is the intent of the Congress, by this Act, to provide an orderly and continuing means of assistance by the Federal Government to State and local governments in carrying out their responsibilities to alleviate the suffering and damage which result from such disasters by—</chapeau> <page identifier="/us/stat/88/144">88 <inline class="smallCaps">Stat</inline>. 144</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">revising and broadening the scope of existing disaster relief programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">encouraging the development of comprehensive disaster preparedness and assistance plans, programs, capabilities, and organizations by the States and by local governments;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">achieving greater coordination and responsiveness of disaster preparedness and relief programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">encouraging individuals, States, and local governments to protect themselves by obtaining insurance coverage to supplement or replace governmental assistance;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">encouraging hazard mitigation measures to reduce losses from disasters, including development of land use and construction regulations;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">providing Federal assistance programs for both public and private losses sustained in disasters; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">providing a long-range economic recovery program for major disaster areas.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau class="inline">As used in this Act—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5122">42 USC 5122</ref>.</p></sidenote></chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">“Emergency” means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which requires Federal emergency assistance to supplement State and local efforts to save lives and protect property, public health and safety or to avert or lessen the threat of a disaster.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“Major disaster” means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under this Act, above and beyond emergency services by the Federal Government, to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">“United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">“State” means any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, or the Trust Territory of the Pacific Islands.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">“Governor” means the chief executive of any State.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">“Local government” means (A) any county, city, village, town, district, or other political subdivision of any State, any Indian tribe or authorized tribal organization, or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">“Federal agency” means any department, independent establishment. Government corporation, or other agency of the executive branch of the Federal Government, including the United States Postal Service, but shall not include the American National Red Cross.</content> </paragraph> </section> </section> 88 Stat. 145 <num value="II">TITLE II—</num> <heading class="inline">DISASTER PREPAREDNESS ASSISTANCE</heading> <section> <heading class="smallCaps centered">federal and state disaster preparedness programs</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The President is authorized to establish a program of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5131">42 USC 5131</ref>.</p></sidenote> disaster preparedness that utilizes services of all appropriate agencies (including the Defense Civil Preparedness Agency) and includes—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">preparation of disaster preparedness plans for mitigation, warning, emergency operations, rehabilitation, and recovery;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">training and exercises;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">postdisaster critiques and evaluations;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">annual review of programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">coordination of Federal, State, and local preparedness programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">application of science and technology;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">research.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The President shall provide technical assistance to the States <sidenote><p class="firstIndent1 fontsize8">Technical assistance.</p></sidenote> in developing comprehensive plans and practicable programs for preparation against disasters, including hazard reduction, avoidance, and mitigation; for assistance to individuals, businesses, and State and local governments following such disasters; and for recovery of damaged or destroyed public and private facilities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Upon application by a State, the President is authorized to <sidenote><p class="firstIndent1 fontsize8">Grants to States.</p></sidenote> make grants, not to exceed in the aggregate to such State $250,000, for the development of plans, programs, and capabilities for disaster preparedness and prevention. Such grants shall be applied for within one year from the date of enactment of this Act. Any State desiring <sidenote><p class="firstIndent1 fontsize8">State plan, submittal to President.</p></sidenote> financial assistance under this section shall designate or create an agency to plan and administer such a disaster preparedness program, and shall, through such agency, submit a State plan to the President, which shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">set forth a comprehensive and detailed State program for preparation against and assistance following, emergencies and major disasters, including provisions for assistance to individuals, businesses, and local governments; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">include provisions for appointment and training of appropriate staffs, formulation of necessary regulations and procedures and conduct of required exercises.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The President is authorized to make grants not to exceed 50 per <sidenote><p class="firstIndent1 fontsize8">Grants, limitations.</p></sidenote> centum of the cost of improving, maintaining and updating State disaster assistance plans, except that no such grant shall exceed $25,000 per annum to any State.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">disaster warnings</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President shall insure that all appropriate Federal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5132">42 USC 5132</ref>.</p></sidenote> agencies are prepared to issue warnings of disasters to State and local officials.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The President shall direct appropriate Federal agencies to provide technical assistance to State and local governments to insure that timely and effective disaster warning is provided.</content> </subsection> <page identifier="/us/stat/88/146">88 <inline class="smallCaps">Stat</inline>. 146</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The President is authorized to utilize or to make available to Federal, State, and local agencies the facilities of the civil defense communications system established and maintained pursuant to section 201(c) of the Federal Civil Defense Act of 1950, as amended (50 U.S.C. App. 2281(c)), or any other Federal communications system for the purpose of providing warning to governmental authorities and the civilian population in areas endangered by disasters.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The President is authorized to enter into agreements with the officers or agents of any private or commercial communications systems who volunteer the use of their systems on a reimbursable or nonreimbursable basis for the purpose of providing warning to governmental authorities and the civilian population endangered by disasters.</content> </subsection> </section> </section> <num value="III">TITLE III—</num> <heading class="inline">DISASTER ASSISTANCE ADMINISTRATION</heading> <section> <heading class="smallCaps centered">procedures</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">All requests for a determination by the President that<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5141">42 USC 5141</ref>.</p></sidenote> an emergency exists shall be made by the Governor of the affected State. Such request shall be based upon the Governor’s finding that the situation is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. The Governor’s request will furnish information describing State and local efforts and resources which have been or will be used to alleviate the emergency, and will define the type and extent of Federal aid required. Based upon such Governor’s request, the President may determine that an emergency exists which warrants Federal assistance.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">All requests for a declaration by the President that a major disaster exists shall be made by the Governor of the affected State. Such Governor’s request shall be based upon a finding that the disaster is of such severity and magnitude that effective response is beyond the capabilities of the State and the affected local governments and that Federal assistance is necessary. As a part of this request, and as a prerequisite to major disaster assistance under the Act, the Governor shall take appropriate action under State law and direct execution of the State’s emergency plan. He shall furnish information on the extent and nature of State resources which have been or will be used to alleviate the conditions of the disaster, and shall certify that for the current disaster. State and local government obligations and expenditures (of which State commitments must be a significant proportion) will constitute the expenditure of a reasonable amount of the funds of such State and local governments for alleviating the damage, loss, hardship, or suffering resulting from such disaster. Based upon such Governor’s request, the President may declare that a major disaster exists, or that an emergency exists.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">federal assistance</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302 </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In the interest of providing maximum mobilization of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5142">42 USC 5142</ref>.</p></sidenote> Federal assistance under this Act, the President shall coordinate, in such manner as he may determine, the activities of all Federal agencies<page identifier="/us/stat/88/147">88 <inline class="smallCaps">Stat</inline>. 147</page> providing disaster assistance. The President may direct any Federal agency, with or without reimbursement, to utilize its available personnel, equipment, supplies, facilities, and other resources including managerial and technical services in support of State and local disaster assistance efforts. The President may prescribe such rules and regulations <sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote> as may be necessary and proper to carry out any of the provisions of this Act, and he may exercise any power or authority conferred on him by any section of this Act either directly or through such Federal agency as he may designate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any Federal agency charged with the administration of a Federal assistance program is authorized, if so requested by the applicant State or local authorities, to modify or waive, for a major disaster, such administrative conditions for assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such conditions is a result of the major disaster.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Notwithstanding any other provision of law, any repair, restoration, reconstruction, or replacement of farm fencing damaged or destroyed as a result of any major disaster shall be considered an emergency conservation measure eligible for payments under chapter I of the Third Supplemental Appropriation Act, 1957, or any other <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t71/s176">71 Stat. 176</ref>.</p></sidenote> provision of law.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">coordinating officers</heading> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Immediately upon his declaration of a major disaster, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5143">42 USC 5143</ref>.</p></sidenote> the President shall appoint a Federal coordinating officer to operate in the affected area.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">In order to effectuate the purposes of this Act, the Federal coordinating officer, within the affected area, shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">make an initial appraisal of the types of relief most urgently needed;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">establish such field offices as he deems necessary and as are authorized by the President;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">coordinate the administration of relief, including activities of the State and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, which agree to operate under his advice or direction, except that nothing contained in this Act shall limit or in any way affect the responsibilities of the American National Red Cross under the Act of January 5, 1905, as amended (33 Stat, 699); and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t36/s1">36 USC 1</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">take such other action, consistent with authority delegated to him by the President, and consistent with the provisions of this Act, as he may deem necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">When the President determines assistance under this Act is <sidenote><p class="firstIndent1 fontsize8">State coordinating officer.</p></sidenote> necessary, he shall request that the Governor of the affected State designate a State coordinating officer for the purpose of coordinating State and local disaster assistance efforts with those of the Federal Government.</content> </subsection> </section> </section> <page identifier="/us/stat/88/148">88 <inline class="smallCaps">Stat</inline>. 148</page> <section> <heading class="smallCaps centered">emergency support teams</heading> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content class="inline">The President shall form emergency support teams of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5144">42 USC 5144</ref>.</p></sidenote> Federal personnel to be deployed in an area affected by a major disaster or emergency. Such emergency support teams shall assist the Federal coordinating officer in carrying out his responsibilities pursuant to this Act. Upon request of the President, the head of any Federal agency is directed to detail to temporary duty with the emergency support teams on either a reimbursable or nonreimbursable basis, as is determined necessary by the President, such personnel within the administrative jurisdiction of the head of the Federal agency as the President may need or believe to be useful for carrying out the functions of the emergency support teams, each such detail to be without loss of seniority, pay, or other employee status.</content> </section> </section> <section> <heading class="smallCaps centered">emergency assistance</heading> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In any emergency, the President may provide assistance <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5145">42 USC 5145</ref>.</p></sidenote> to save lives and protect property and public health and safety.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The President may provide such emergency assistance by directing Federal agencies to provide technical assistance and advisory personnel to the affected State to assist the State and local governments in—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the performance of essential community services; warning of further risks and hazards; public information and assistance in health and safety measures; technical advice on management and control; and reduction of immediate threats to public health and safety; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the distribution of medicine, food, and other consumable supplies, or emergency assistance.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">In addition, in any emergency, the President is authorized to provide such other assistance under this Act as the President deems appropriate.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">cooperation of federal agencies i n rendering disaster assistance</heading> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In any major disaster or emergency. Federal agencies<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5146">42 USC 5146</ref>.</p></sidenote> are hereby authorized, on the direction of the President, to provide assistance by—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">utilizing or lending, with or without compensation therefor, to States and local governments, their equipment, supplies, facilities, personnel, and other resources, other than the extension of credit under the authority of any Act;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">distributing or rendering, through the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief and disaster assistance organizations, or otherwise, medicine, food and other consumable supplies, or emergency assistance;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">donating or lending equipment and supplies, including that determined in accordance with applicable laws to be surplus to the needs and responsibilities of the Federal Government, to State and local governments for use or distribution by them for the purposes of this Act; and</content> </paragraph> <page identifier="/us/stat/88/149">88 <inline class="smallCaps">Stat</inline>. 149</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Performing on public or private lands or waters any emergency work or services essential to save lives and to protect and preserve property, public health and safety, including but not limited to: search and rescue, emergency medical care, emergency mass care, emergency shelter, and provisions of food, water, medicine, and other essential needs, including movement of supplies or persons; clearance of roads and construction of temporary bridges necessary to the performance of emergency tasks and essential community services; provision of temporary facilities for schools and other essential community services; demolition of unsafe structures that endanger the public; warning of further risks and hazards; public information and assistance on health and safety measures; technical advice to State and local governments on disaster management and control; reduction of immediate threats to life, property, and public health and safety; and making contributions to State or local governments for the purpose of carrying out the provisions of this paragraph.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Work performed under this section shall not preclude additional Federal assistance under any other section of this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">reimbursement</heading> <section class="firstIndent1 fontsize10"> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <content class="inline">Federal agencies may be reimbursed for expenditures <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5147">42 USC 5147</ref>.</p></sidenote> under this Act from funds appropriated for the purposes of this Act. Any funds received by Federal agencies as reimbursement for services or supplies furnished under the authority of this Act shall be deposited to the credit of the appropriation or appropriations currently available for such services or supplies.</content> </section> </section> <section> <heading class="smallCaps centered">nonliability</heading> <section class="firstIndent1 fontsize10"> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num> <content class="inline">The Federal Government shall not be liable for any claim <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5148">42 USC 5148</ref>.</p></sidenote> based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this Act.</content> </section> </section> <section> <heading class="smallCaps centered">performance of services</heading> <section class="firstIndent1 fontsize10"> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In carrying out the purposes of this Act, any Federal <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5149">42 USC 5149</ref>.</p></sidenote> agency is authorized to accept and utilize the services or facilities of any State or local government, or of any agency, office, or employee thereof, with the consent of such government.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">In performing any services under this Act, any Federal agency is authorized—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to appoint and fix the compensation of such temporary personnel as may be necessary, without regard to the provisions of title 5, United States Code, governing appointments in competitive <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p></sidenote> service;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter I I I of chapter 53 of such title relating to classification and General Schedule pay rates; and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5101/5331">5 USC 5101, 5331</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to incur obligations on behalf of the United States by contract or otherwise for the acquisition, rental, or hire of equipment, services, materials, and supplies for shipping, drayage, travel, and communications, and for the supervision and administration of such activities. Such obligations, including obligations arising out of the temporary employment of additional<page identifier="/us/stat/88/150">88 <inline class="smallCaps">Stat</inline>. 150</page> personnel, may be incurred by an agency in such amount as may be made available to it by the President.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">use of local firms and individuals</heading> <section class="firstIndent1 fontsize10"> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <content class="inline">In the expenditure of Federal funds for debris clearance,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5150">42 USC 5150</ref>.</p></sidenote> distribution of supplies, reconstruction, and other major disaster assistance activities which may be carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the area affected by such major disaster.</content> </section> </section> <section> <heading class="smallCaps centered">nondiscrimination in disaster assistance</heading> <section class="firstIndent1 fontsize10"> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President shall issue, and may alter and amend,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5151">42 USC 5151</ref>.</p></sidenote> such regulations as may be necessary for the guidance of personnel carrying out Federal assistance functions at the site of a major disaster or emergency. Such regulations shall include provisions for insuring that the distribution of supplies, the processing of applications, and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, or economic status.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">As a condition of participation in the distribution of assistance or supplies under this Act or of receiving assistance under section 402 or 404 of this Act, governmental bodies and other organizations shall be required to comply with regulations relating to nondiscrimination promulgated by the President, and such other regulations applicable to activities within an area affected by a major disaster or emergency as he deems necessary for the effective coordination of relief efforts.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">use and coordination of relief organizations</heading> <section class="firstIndent1 fontsize10"> <num value="312"><inline class="smallCaps">Sec</inline>. 312. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In providing relief and assistance under this Act, the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5152">42 USC 5152</ref>.</p></sidenote> President may utilize, with their consent, the personnel and facilities of the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations, in the distribution of medicine, food, supplies, or other items, and in the restoration, rehabilitation, or reconstruction of community services housing and essential facilities, whenever the President finds that such utilization is necessary.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The President is authorized to enter into agreements with the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations under which the disaster relief activities of such organizations may be coordinated by the Federal coordinating officer whenever such organizations are engaged in providing relief during and after a major disaster or emergency. Any such agreement shall include provisions assuring that use of Federal facilities, supplies, and services will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination promulgated by the President under this Act, and such other regulation as the President may require.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">priority to certain applications for public facility and public housing assistance</heading> <section class="firstIndent1 fontsize10"> <num value="313"><inline class="smallCaps">Sec</inline>. 313. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In the processing of applications for assistance, priority <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5153">42 USC 5153</ref>.</p></sidenote> and immediate consideration shall be given by the head of the appropriate Federal agency, during such period as the President shall<page identifier="/us/stat/88/151">88 <inline class="smallCaps">Stat</inline>. 151</page> prescribe, to applications from public bodies situated in areas affected by major disasters, under the following Acts:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">title II of the Housing Amendments of 1955, or any other <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1491">42 USC 1491</ref>.</p></sidenote> Act providing assistance for repair, construction, or extension of public facilities;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the United States Housing Act of 1937 for the provision of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1430">42 USC 1430</ref>.</p></sidenote> low-rent housing;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">section 702 of the Housing Act of 1954 for assistance in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s462">40 USC 462</ref>.</p></sidenote> public works planning;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">section 702 of the Housing and Urban Development Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3102">42 USC 3102</ref>.</p></sidenote> 1965 providing for grants for public facilities;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">section 306 of the Consolidated Farmers Home Administration <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s1926">7 USC 1926</ref>.</p></sidenote> Act;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the Public Works and Economic Development Act of 1965, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3121">42 USC 3121 note</ref>.</p></sidenote> as amended;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">the Appalachian Regional Development Act of 1965, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s1">40 USC app. 1</ref>.</p></sidenote> amended; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">title II of the Federal Water Pollution Control Act, as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1281">33 USC 1281</ref>.</p></sidenote> amended.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">In the obligation of discretionary funds or funds which are not allocated among the States or political subdivisions of a State, the Secretary of Housing and Urban Development and the Secretary of Commerce shall give priority to applications for projects in major disaster areas in which a Recovery Planning Council has been designated pursuant to title VIII of the Public Works and Economic Development Act of 1965. <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 160.</p></sidenote></content> </subsection> </section> </section> <section> <heading class="smallCaps centered">insurance</heading> <section class="firstIndent1 fontsize10"> <num value="314"><inline class="smallCaps">Sec</inline>. 314.</num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">An applicant for assistance under section 402 or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5154">42 USC 5154</ref>.</p></sidenote> 419 of this Act or section 803 of the Public Works and Economic Development Act of 1965, shall comply with regulations prescribed by <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 161.</p></sidenote> the President to assure that, with respect to any property to be replaced, restored, repaired, or constructed with such assistance, such types and extent of insurance will be obtained and maintained as may be reasonably available, adequate, and necessary to protect against future loss to such property.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">In making his determination with respect to such availability, adequacy and necessity, the President shall not require greater types and extent of insurance than are certified to him as reasonable by the appropriate State insurance commissioner responsible for regulation of such insurance.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">No applicant for assistance under section 402 or 419 of this Act or section 803 of the Public Works and Economic Development Act of 1965, shall receive such assistance for any property or part thereof for which he has previously received assistance under this Act unless all insurance required pursuant to this section has been obtained and maintained with respect to such property.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">A State may elect to act as a self-insurer with respect to any or all of the facilities belonging to it. Such an election, if declared in writing at the time of accepting assistance under section 402 or 419 of this Act or section 803 of the Public Works and Economic Development Act of 1965, or subsequently, and accompanied by a plan for self-insurance which is satisfactory to the President, shall be deemed compliance with subsection (a) of this section. No such self-insurer shall receive assistance under such sections for any property or part thereof for which it has previously received assistance under this Act, to the extent that insurance for such property or part thereof would have been reasonably available.</content> </subsection> </section> </section> <page identifier="/us/stat/88/152">88 <inline class="smallCaps">Stat</inline>. 152</page> <section> <heading class="smallCaps centered">duplication of benefits</heading> <section class="firstIndent1 fontsize10"> <num value="315"><inline class="smallCaps">Sec</inline>. 315. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President, in consultation with the head of each<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5155">42 USC 5155</ref>.</p></sidenote> Federal agency administering any program providing financial assistance to persons, business concerns, or other entities suffering losses as the result of a major disaster, shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The President shall assure that no person, business concern, or other entity receives any Federal assistance for any part of a loss suffered as the result of a major disaster if such person, concern, or entity received compensation from insurance or any other source for that part of such a loss. Partial compensation for a loss or a part of a loss resulting from a major disaster shall not preclude additional Federal assistance for any part of such a loss not compensated otherwise.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Whenever the President determines (1) that a person, business concern, or other entity has received assistance under this Act for a loss and that such person, business concern or other entity received assistance for the same loss from another source, and (2) that the amount received from all sources exceeded the amount of the loss, he shall direct such person, business concern, or other entity to pay to the Treasury an amount, not to exceed the amount of Federal assistance received, sufficient to reimburse the Federal Government for that part of the assistance which he deems excessive.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">reviews and reports</heading> <section class="firstIndent1 fontsize10"> <num value="316"><inline class="smallCaps">Sec</inline>. 316. </num> <content class="inline">The President shall conduct annual reviews of the activities <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5156">42 USC 5156</ref>.</p></sidenote> of Federal agencies and State and local governments providing disaster preparedness and assistance, in order to assure maximum coordination and effectiveness of such programs, and shall from time to time report thereon to the Congress.</content> </section> </section> <section> <heading class="smallCaps centered">criminal and civil penalties</heading> <section class="firstIndent1 fontsize10"> <num value="317"><inline class="smallCaps">Sec</inline>. 317. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any individual who fraudulently or willfully mis-states<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5157">42 USC 5157</ref>.</p></sidenote> any fact in connection with a request for assistance under this Act shall be fined not more than $10,000 or imprisoned for not more than one year or both for each violation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any individual who knowingly violates any order or regulation under this Act shall be subject to a civil penalty of not more than $5,000 for each violation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Whoever knowingly misapplies the proceeds of a loan or other cash benefit obtained under any section of this Act shall be subject to a fine in an amount equal to one and one-half times the original principal amount of the loan or cash benefit.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">availability of materials</heading> <section class="firstIndent1 fontsize10"> <num value="318"><inline class="smallCaps">Sec</inline>. 318. </num> <content class="inline">The President is authorized, at the request of the Governor<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5158">42 USC 5158</ref>.</p></sidenote> of an affected State, to provide for a survey of construction materials needed in the area affected by a major disaster on an emergency basis for housing repairs, replacement housing, public facilities repairs and replacement, farming operations, and business enterprises and to take appropriate action to assure the availability and fair distribution of needed materials, including, where possible, the allocation of such materials for a period of not more than one hundred and eighty days after such major disaster. Any allocation program shall be imple-<page identifier="/us/stat/88/153">88 <inline class="smallCaps">Stat</inline>. 153</page>merited by the President to the extent possible, by working with and through those companies which traditionally supply construction materials in the affected area. For the purposes of this section “construction<sidenote><p class="firstIndent1 fontsize8">“Construction materials.”</p></sidenote> materials” shall include building materials and materials required for repairing housing, replacement housing, public facilities repairs and replacement, and for normal farm and business operations.</content> </section> </section> <num value="IV">TITLE IV—</num> <heading class="inline">FEDERAL DISASTER ASSISTANCE PROGRAMS</heading> <section> <heading class="smallCaps centered">federal facilities</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President may authorize any Federal agency <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5171">42 USC 5171</ref>.</p></sidenote> to repair, reconstruct, restore, or replace any facility owned by the United States and under the jurisdiction of such agency which is damaged or destroyed by any major disaster if he determines that such repair, reconstruction, restoration, or replacement is of such importance and urgency that it cannot reasonably be deferred pending the enactment of specific authorizing legislation or the making of an appropriation for such purposes, or the obtaining of congressional committee approval.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">In order to carry out the provisions of this section, such repair, reconstruction, restoration, or replacement may be begun notwithstanding a lack or an insufficiency of funds appropriated for such purpose, where such lack or insufficiency can be remedied by the transfer, in accordance with law, of funds appropriated to that agency for another purpose.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">In implementing this section. Federal agencies shall evaluate the natural hazards to which these facilities are exposed and shall take appropriate action to mitigate such hazards, including safe land-use and construction practices, m accordance with standards prescribed by the President.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">repair and restoration of damaged facilities</heading> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President is authorized to make contributions to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5172">42 USC 5172</ref>.</p></sidenote> State or local governments to help repair, restore, reconstruct, or replace public facilities belonging to such State or local governments which were damaged or destroyed by a major disaster.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The President is also authorized to make grants to help repair, restore, reconstruct, or replace private nonprofit educational, utility, emergency, medical, and custodial care facilities, including those for the aged or disabled, and facilities on Indian reservations as defined by the President, which were damaged or destroyed by a major disaster.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">For those facilities eligible under this section which were in the process of construction when damaged or destroyed by a major disaster, the grant shall be based on the net costs of restoring such facilities substantially to their predisaster condition.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">For the purposes of this section, "public facility" includes any <sidenote><p class="firstIndent1 fontsize8">“Public facility.”</p></sidenote> publicly owned flood control, navigation, irrigation, reclamation, public power, sewage treatment and collection, water supply and distribution, watershed development, or airport facility, any non-Federal-aid street, road, or highway, any other public building, structure, or system including those used for educational or recreational purposes, and any park.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The Federal contribution for grants made under this section <sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> shall not exceed 100 per centum of the net cost of repairing, restoring, reconstructing, or replacing any such facility on the basis of the<page identifier="/us/stat/88/154">88 <inline class="smallCaps">Stat</inline>. 154</page> design of such facility as it existed immediately prior to such disaster and in conformity with current applicable codes, specifications, and standards.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">In those cases where a State or local government determines that public welfare would not be best served by repairing, restoring, reconstructing, or replacing particular public facilities owned or controlled by that State or that local government which have been damaged or destroyed in a major disaster, it may elect to receive, in lieu of the contribution described in subsection (e) of this section, a contribution based on 90 per centum of the Federal estimate of the total cost of repairing, restoring, reconstructing, or replacing all damaged facilities owned by it within its jurisdiction. The cost of repairing, restoring, reconstructing, or replacing damaged or destroyed public facilities shall be estimated on the basis of the design of each such facility as it existed immediately prior to such disaster and in conformity with current applicable codes, specifications and standards. Funds contributed under this subsection may be expended either to repair or restore certain selected damaged public facilities or to construct new public facilities which the State or local government determines to be necessary to meet its needs for governmental services and functions in the disaster-affected area.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">debris removal</heading> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The President, whenever he determines it to be in the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5173">42 USC 5173</ref>.</p></sidenote> public interest, is authorized—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">through the use of Federal departments, agencies, and instrumentalities, to clear debris and wreckage resulting from a major disaster from publicly and privately owned lands and waters; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to make grants to any State or local government for the purpose of removing debris or wreckage resulting from a major disaster from publicly or privately owned lands and waters.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">No authority under this section shall be exercised unless the affected State or local government shall first arrange an unconditional authorization for removal of such debris or wreckage from public and private property, and, in the case of removal of debris or wreckage from private property, shall first agree to indemnify the Federal Government against any claim arising from such removal.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">temporary housing assistance</heading> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President is authorized to provide, either by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5174">42 USC 5174</ref>.</p></sidenote> purchase or lease, temporary housing, including, but not limited to, unoccupied habitable dwellings, suitable rental housing, mobile homes or other readily fabricated dwellings for those who, as a result of a major disaster, require temporary housing. During the first twelve months of occupancy no rentals shall be established for any such accommodations, and thereafter rentals shall be established, based upon fair market value of the accommodations being furnished, adjusted to take into consideration the financial ability of the occupant. Any mobile home or readily fabricated dwelling shall be placed on a site complete with utilities provided either by the State or local government, or by the owner or occupant of the site who was displaced by the major disaster, without charge to the United States. The President may authorize installation of essential utilities at Federal expense and he may elect to provide other more economical or accessible sites when he determines such action to be in the public interest.</content> </subsection> <page identifier="/us/stat/88/155">88 <inline class="smallCaps">Stat</inline>. 155</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The President is authorized to provide assistance on a temporary basis in the form of mortgage or rental payments to or on behalf of individuals and families who, as a result of financial hardship caused by a major disaster, have received written notice of dispossession or eviction from a residence by reason of foreclosure of any mortgage or lien, cancellation of any contract of sale, or termination of any lease, entered into prior to such disaster. Such assistance shall be provided for a period of not to exceed one year or for the duration of the period of financial hardship, whichever is the lesser.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">In lieu of providing other types of temporary housing after a major disaster, the President is authorized to make expenditures for the purpose of repairing or restoring to a habitable condition owner-occupied private residential structures made uninhabitable by a major disaster which are capable of being restored quickly to a habitable condition with minimal repairs. No assistance provided under this section may be used for major reconstruction or rehabilitation of damaged property.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Notwithstanding any other provision of law, any temporary housing acquired by purchase may be sold directly to individuals and families who are occupants of temporary housing at prices that are fair and equitable, as determined by the President.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The President may sell or otherwise make available temporary housing units directly to States, other governmental entities, and voluntary organizations. The President shall impose as a condition of <sidenote><p class="firstIndent1 fontsize8">Nondiscrimination.</p></sidenote> transfer under this paragraph a covenant to comply with the provisions of section 311 of this Act requiring nondiscrimination in occupancy of such temporary housing units. Such disposition shall be limited to units purchased under the provisions of subsection (a) of this section and to the purposes of providing temporary housing for disaster victims in emergencies or in major disasters.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">protection of environment</heading> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <content class="inline">No action taken or assistance provided pursuant to sections <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5175">42 USC 5175</ref>.</p></sidenote> 305, 306, or 403 of this Act, or any assistance provided pursuant to section 402 or 419 of this Act that has the effect of restoring facilities substantially as they existed prior to the disaster, shall be deemed a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 852). Nothing in this section shall alter or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p></sidenote> affect the applicability of the National Environmental Policy Act of 1969 (83 Stat. 852) to other Federal actions taken under this Act or under any other provision of law.</content> </section> </section> <section> <heading class="smallCaps centered">minimum standards for public and private structures</heading> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num> <content class="inline">As a condition of any disaster loan or grant made under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5176">42 USC 5176</ref>.</p></sidenote> the provisions of this Act, the recipient shall agree that any repair or construction to be financed therewith shall be in accordance with applicable standards of safety, decency, and sanitation and in conformity with applicable codes, specifications, and standards, and shall furnish such evidence of compliance with this section as may be required by regulation. As a further condition of any loan or grant made under the provisions of this Act, the State or local government shall agree <sidenote><p class="firstIndent1 fontsize8">Natural hazards, evaluation.</p></sidenote> that the natural hazards in the areas in which the proceeds of the grants or loans are to be used shall be evaluated and appropriate action shall be taken to mitigate such hazards, including safe land-use and construction practices, in accordance with standards prescribed or<page identifier="/us/stat/88/156">88 <inline class="smallCaps">Stat</inline>. 156</page> approved by the President after adequate consultation with the appropriate elected officials of general purpose local governments, and the State shall furnish such evidence of compliance with this section as may be required by regulation.</content> </section> </section> <section> <heading class="smallCaps centered">unemployment assistance</heading> <section class="firstIndent1 fontsize10"> <num value="407"><inline class="smallCaps">Sec</inline>. 407. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President is authorized to provide to any individual <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5177">42 USC 5177</ref>.</p></sidenote> unemployed as a result of a major disaster such benefit assistance as he deems appropriate while such individual is unemployed. Such assistance as the President shall provide shall be available to an<sidenote><p class="firstIndent1 fontsize8">Time limitation.</p></sidenote> individual as long as the individual’s unemployment caused by the major disaster continues or until the individual is reemployed in a suitable position, but no longer than one year after the major disaster is declared. Such assistance for a week of unemployment shall not exceed the maximum weekly amount authorized under the unemployment compensation law of the State in which the disaster occurred, and the amount of assistance under this section to any such individual for a week of unemployment shall be reduced by any amount of unemployment compensation or of private income protection insurance compensation available to such individual for such week of unemployment. The President is directed to provide such assistance through<sidenote><p class="firstIndent1 fontsize8">Agreement with States.</p></sidenote> agreements with States which, in his judgment, have an adequate system for administering such assistance through existing State agencies. (b) The President is further authorized for the purposes of this<sidenote><p class="firstIndent1 fontsize8">Reemployment assistance services.</p></sidenote> Act to provide reemployment assistance services under other laws to individuals who are unemployed as a result of a major disaster.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">individual and family grant programs</heading> <section class="firstIndent1 fontsize10"> <num value="408"><inline class="smallCaps">Sec</inline>. 408. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President is authorized to make a grant to a State<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5178">42 USC 5178</ref>.</p></sidenote> for the purpose of such State making grants to meet disaster-related necessary expenses or serious needs of individuals or families adversely affected by a major disaster in those cases where such individuals or families are unable to meet such expenses or needs through assistance under other provisions of this Act, or from other means. The Governor of a State shall administer the grant program authorized by this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Federal share of a grant to an individual or a family under<sidenote><p class="firstIndent1 fontsize8">Federal share.</p></sidenote> this section shall be equal to 75 per centum of the actual cost of meeting such an expense or need and shall be made only on condition that the remaining 25 per centum of such cost is paid to such individual or family from funds made available by a State. Where a State is<sidenote><p class="firstIndent1 fontsize8">Advances.</p></sidenote> unable immediately to pay its share, the President is authorized to advance to such State such 25 per centum share, and any such advance is to be repaid to the United States when such State is able to do so. No individual and no family shall receive any grant or grants under<sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> this section aggregating more than $5,000 with respect to any one major disaster.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The President shall promulgate regulations to carry out this<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> section and such regulations shall include national criteria, standards, and procedures for the determination of eligibility for grants and the administration of grants made under this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">A State may expend not to exceed 3 per centum of any grant<sidenote><p class="firstIndent1 fontsize8">Administration expenses, limitation.</p></sidenote> made by the President to it under subsection (a) of this section for expenses of administering grants to individuals and families under this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">This section shall take effect as of April 20, 1973.<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5178">42 USC 5178 note</ref>.</p></sidenote></content> </subsection> </section> </section> <page identifier="/us/stat/88/157">88 <inline class="smallCaps">Stat</inline>. 157</page> <section> <heading class="smallCaps centered">food coupons and distribution</heading> <section class="firstIndent1 fontsize10"> <num value="409"><inline class="smallCaps">Sec</inline>. 409. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Whenever the President determines that, as a result <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5179">42 USC 5179</ref>.</p></sidenote> of a major disaster, low-income households are unable to purchase adequate amounts of nutritious food, he is authorized, under such terms and conditions as he may prescribe, to distribute through the Secretary of Agriculture or other appropriate agencies coupon allotments to such households pursuant to the provisions of the Food Stamp Act of 1964 (P.L. 91–671; 84 Stat. 2048) and to make surplus commodities <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t7/s2011">7 USC 2011 note</ref>.</p></sidenote> available pursuant to the provisions of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The President, through the Secretary of Agriculture or other appropriate agencies, is authorized to continue to make such coupon allotments and surplus commodities available to such households for so long as he determines necessary, taking into consideration such factors as he deems appropriate, including the consequences of the major disaster on the earning power of the households, to which assistance is made available under this section.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Nothing in this section shall be construed as amending or otherwise changing the provisions of the Food Stamp Act of 1964 except as they relate to the availability of food stamps in an area affected by a major disaster.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">food commodities</heading> <section class="firstIndent1 fontsize10"> <num value="410"><inline class="smallCaps">Sec</inline>. 410. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President is authorized and directed to assure <sidenote><p class="firstIndent1 fontsize8">Emergency mass feeding.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5180">42 USC 5180</ref>.</p></sidenote> that adequate stocks of food will be ready and conveniently available for emergency mass feeding or distribution in any area of the United States which suffers a major disaster or emergency.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary of Agriculture shall utilize funds appropriated under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), to purchase food commodities necessary to provide adequate supplies for use in any area of the United States in the event of a major disaster or emergency in such area.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">relocation assistance</heading> <section class="firstIndent1 fontsize10"> <num value="411"><inline class="smallCaps">Sec</inline>. 411. </num> <content class="inline">Notwithstanding any other provision of law, no person <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s8181">42 USC 8181</ref>.</p></sidenote> otherwise eligible for any kind of replacement housing payment under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91–646) shall be denied such eligibility as a result of his being unable, because of a major disaster as determined by the President, to meet the occupancy requirements set by such Act.</content> </section> </section> <section> <heading class="smallCaps centered">legal services</heading> <section class="firstIndent1 fontsize10"> <num value="412"><inline class="smallCaps">Sec</inline>. 412. </num> <content class="inline">Whenever the President determines that low-income individuals <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5182">42 USC 5182</ref>.</p></sidenote> are unable to secure legal services adequate to meet their needs as a consequence of a major disaster, consistent with the goals of the programs authorized by this Act, the President shall assure that such programs are conducted with the advice and assistance of appropriate Federal agencies and State and local bar associations.</content> </section> </section> <section> <heading class="smallCaps centered">crisis counseling assistance and training</heading> <section class="firstIndent1 fontsize10"> <num value="413"><inline class="smallCaps">Sec</inline>. 413. </num> <content class="inline">The President is authorized (through the National Institute <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5183">42 USC 5183</ref>.</p></sidenote> of Mental Health) to provide professional counseling services, including financial assistance to State or local agencies or private mental health organizations to provide such services or training of disaster workers, to victims of major disasters in order to relieve mental health problems caused or aggravated by such major disaster or its aftermath.</content> </section> </section> <page identifier="/us/stat/88/158">88 <inline class="smallCaps">Stat</inline>. 158</page> <section> <heading class="smallCaps centered">community disaster loans</heading> <section class="firstIndent1 fontsize10"> <num value="414"><inline class="smallCaps">Sec</inline>. 414. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President is authorized to make loans to any local<sidenote><p class="firstIndent1 fontsize8">Loans to local governments.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5184">42 USC 5184</ref>.</p></sidenote> government which may suffer a substantial loss of tax and other revenues as a result of a major disaster, and has demonstrated a need for financial assistance in order to perform its governmental functions. The amount of any such loan shall be based on need, and shall not exceed 25 per centum of the annual operating budget of that local government for the fiscal year in which the major disaster occurs. Repayment <sidenote><p class="firstIndent1 fontsize8">Repayment.</p></sidenote> of all or any part of such loan to the extent that revenues of the local government during the three full fiscal year period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster-related expenses of a municipal operation character shall be cancelled.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any loans made under this section shall not reduce or otherwise affect any grants or other assistance under this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Subtitle C of title I of the State and Local Fiscal Assistance Act of 1972 (P.L. 92–512; 86 Stat. 919) is amended by adding at the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1261">31 USC 1261 and note</ref>.</p></sidenote> end thereof the following new section: <quotedContent> <section class="firstIndent0 fontsize10"> <num value="145">“SEC. 145. </num> <heading class="inline">ENTITLEMENT FACTORS AFFECTED BY MAJOR DISASTERS.</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1264">31 USC 1264</ref>.</p></sidenote> <chapeau class="firstIndent1 fontsize10">“In the administration of this title the Secretary shall disregard any change in data used in determining the entitlement of a State government or a unit of local government for a period of 60 months if that change—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">results from a major disaster determined by the President under section 301 of the Disaster Relief Act of 1974, and<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 146.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">reduces the amount of the entitlement of that State government or unit of local government.”.</content> </paragraph> </section> </quotedContent> </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The amendment made by this section takes effect on April 1,<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1264">31 USC 1264 note</ref>.</p></sidenote> 1974.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">emergency communications</heading> <section class="firstIndent1 fontsize10"> <num value="415"><inline class="smallCaps">Sec</inline>. 415. </num> <content class="inline">The President is authorized during, or in anticipation of,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5185">42 USC 5185</ref>.</p></sidenote> an emergency or major disaster to establish temporary communications systems and to make such communications available to State and local government officials and other persons as he deems appropriate.</content> </section> </section> <section> <heading class="smallCaps centered">emergency public transportation</heading> <section class="firstIndent1 fontsize10"> <num value="416"><inline class="smallCaps">Sec</inline>. 416. </num> <content class="inline">The President is authorized to provide temporary public<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5186">42 USC 5186</ref>.</p></sidenote> transportation service in an area affected by a major disaster to meet emergency needs and to provide transportation to governmental offices, supply centers, stores, post offices, schools, major employment centers, and such other places as may be necessary in order to enable the community to resume its normal pattern of life as soon as possible.</content> </section> </section> <section> <heading class="smallCaps centered">fire suppression grants</heading> <section class="firstIndent1 fontsize10"> <num value="417"><inline class="smallCaps">Sec</inline>. 417. </num> <content class="inline">The President is authorized to provide assistance, including <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5187">42 USC 5187</ref>.</p></sidenote> grants, equipment, supplies, and personnel, to any State for the suppression of any fire on publicly or privately owned forest or grassland which threatens such destruction as would constitute a major disaster.</content> </section> </section> <section> <heading class="smallCaps centered">timber sale contracts</heading> <section class="firstIndent1 fontsize10"> <num value="418"><inline class="smallCaps">Sec</inline>. 418. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Where an existing timber sale contract between the<sidenote><p class="firstIndent1 fontsize8">Cost-sharing.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5188">42 USC 5188</ref>.</p></sidenote> Secretary of Agriculture or the Secretary of the Interior and a timber<page identifier="/us/stat/88/159">88 <inline class="smallCaps">Stat</inline>. 159</page> purchaser does not provide relief from major physical change not due to negligence of the purchaser prior to approval of construction of any section of specified road or of any other specified development facility and, as a result of a major disaster, a major physical change results in additional construction work in connection with such road or facility by such purchaser with an estimated cost, as determined by the appropriate Secretary, (1) of more than $1,000 for sales under one million board feet, (2) of more than $1 per thousand board feet for sales of one to three million board feet, or (3) of more than $3,000 for sales over three million board feet, such increased construction cost shall be borne by the United States.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">If the appropriate Secretary determines that damages are so <sidenote><p class="firstIndent1 fontsize8">Contract cancellation.</p></sidenote> great that restoration, reconstruction, or construction is not practical under the cost-sharing arrangement authorized by subsection (a) of this section, he may allow cancellation of a contract entered into by his Department notwithstanding contrary provisions therein.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Secretary of Agriculture is authorized to reduce to seven <sidenote><p class="firstIndent1 fontsize8">Sale of timber, notice.</p></sidenote> days the minimum period of advance public notice required by the first section of the Act of June 4, 1897 (16 U.S.C. 476), in connection with the sale of timber from national forests, whenever the Secretary determines that (1) the sale of such timber will assist in the construction of any area of a State damaged by a major disaster, (2) the sale of such timber will assist in sustaining the economy of such area, or (3) the sale of such timber is necessary to salvage the value of timber damaged in such major disaster or to protect undamaged timber.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The President, when he determines it to be in the public interest, is authorized to make grants to any State or local government for the purpose of removing from privately owned lands timber damaged as a result of a major disaster, and such State or local government is authorized upon application, to make payments out of such grants to any person for reimbursement of expenses actually incurred by such person in the removal of damaged timber, not to exceed the amount that such expenses exceed the salvage value of such timber.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">in-lieu contribution</heading> <section class="firstIndent1 fontsize10"> <num value="419"><inline class="smallCaps">Sec</inline>. 419. </num> <content class="inline">In any case in which the Federal estimate of the total <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5189">42 USC 5189</ref>.</p></sidenote> cost of (1) repairing, restoring, reconstructing, or replacing, under section 402, all damaged or destroyed public facilities owned by a State or local government within its jurisdiction, and (2) emergency assistance under section 306 and debris removed under section 403, is less than $25,000, then on application of a State or local government, the President is authorized to make a contribution to such State or local government under the provisions of this section in lieu of any contribution to such State or local government under section 306, 402, or 403. Such contribution shall be based on 100 per centum of such total estimated cost, which may be expended either to repair, restore, reconstruct, or replace all such damaged or destroyed public facilities, to repair, restore, reconstruct, or replace certain selected damaged or destroyed public facilities, to construct new public facilities which the State or local government determines to be necessary to meet its needs for governmental services and functions in the disaster-affected area, or to undertake disaster work as authorized in section 306 or 403. The cost of repairing, restoring, reconstructing, or replacing damaged or destroyed public facilities shall be estimated on the basis of the design of each such facility as it existed immediately prior to such disaster and in conformity with current applicable codes, specifications and standards.</content> </section> </section> 88 Stat. 160 <num value="V">TITLE V—</num> <heading class="inline">ECONOMIC RECOVERY FOR DISASTER AREAS</heading> <section> <heading class="smallCaps centered">amendment to public works and economic development act of 1965</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content class="inline">The Public Works and Economic Development Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3121">42 USC 3121 note</ref>.</p></sidenote> 1965, as amended, is amended by adding at the end thereof the following new title: <quotedContent> <title> <num value="VIII">“TITLE VIII—</num> <heading class="inline">ECONOMIC RECOVERY FOR DISASTER AREAS</heading> <section> <heading class="smallCaps centered">“purpose of title</heading> <section class="firstIndent1 fontsize10"> <num value="801">“<inline class="smallCaps">Sec</inline>. 801. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">It is the purpose of this title to provide assistance<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3231">42 USC 3231</ref>.</p></sidenote> for the economic recovery, after the period of emergency aid and replacement of essential facilities and services, of any major disaster area which has suffered a dislocation of its economy of sufficient severity to require (1) assistance in planning for development to replace that lost in the major disaster; (2) continued coordination of assistance available under Federal-aid programs; and (3) continued assistance toward the restoration of the employment base.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">As used in this title, the term ‘major disaster’ means a major<sidenote><p class="firstIndent1 fontsize8">“Major disaster.”</p></sidenote> disaster declared by the President in accordance with the Disaster Relief Act of 1974.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 143.</p></sidenote></content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“disaster recovery planning</heading> <section class="firstIndent1 fontsize10"> <num value="802">“<inline class="smallCaps">Sec</inline>. 802. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In the case of any area affected by a major disaster<sidenote><p class="firstIndent1 fontsize8">Recovery Planning Council, designation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3232">42 USC 3232</ref>.</p></sidenote> the Governor may request the President for assistance under this title. The Governor, within thirty days after authorization of such assistance by the President, shall designate a Recovery Planning Council for such area or for each part thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Such Recovery Planning Council shall be composed of not less<sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> than five members, a majority of whom shall be local elected officials of political subdivisions within the affected areas, at least one representative of the State, and a representative of the Federal Government appointed by the President in accordance with paragraph (3) of this subsection. During the major disaster, the Federal coordinating officer shall also serve on the Recovery Planning Council.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Federal representative on such Recovery Planning Council may be the Chairman of the Federal Regional Council for the affected area, or a member of the Federal Regional Council designated by the Chairman of such Regional Council. The Federal representative on such Recovery Planning Council may be the Federal Cochairman of the Regional Commission established pursuant to title V of this Act, or the Appalachian Regional Development Act of 1965,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3181">42 USC 3181</ref>.</p> <p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s1">40 USC app. 1</ref>.</p></sidenote> or his designee, where all of the area affected by a major disaster is within the boundaries of such Commission.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The Governor may designate an existing multijurisdictional organization as the Recovery Planning Council where such organization complies with paragraph (2) of this subsection with the addition of State and Federal representatives except that if all or part of an area affected by a major disaster is within the jurisdiction of an existing multijurisdictional organization established under title IV of this Act or title I I I of the Appalachian Regional Development Act of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3161">42 USC 3161</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s301">40 USC app. 301</ref>.</p></sidenote> 1965, such organization, with the addition of State and Federal representatives in accordance with paragraph (2) of this subsection, shall be designated by the Governor as the Recovery Planning Council. In<page identifier="/us/stat/88/161">88 <inline class="smallCaps">Stat</inline>. 161</page> any case in which such title III or IV organization is designated as the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s301/401">40 USC app. 301, 401</ref>.</p></sidenote> Recovery Planning Council under this paragraph, some local elected officials of political subdivisions within the affected areas must be appointed to serve on such Recovery Planning Council. Where possible, the organization designated as the Recovery Planning Council shall be or shall be subsequently designated as the appropriate agency required by section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3334) and by the Intergovernmental Cooperation Act of 1968 (P.L. 90–577; 82 Stat. 1098). <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4201">42 USC 4201 note</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">The Recovery Planning Council shall include private citizens as members to the extent feasible, and shall provide for and encourage public participation in its deliberations and decisions.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Recovery Planning Council (1) shall review existing <sidenote><p class="firstIndent1 fontsize8">Review.</p></sidenote> plans for the affected area; and (2) may recommend to the Governor and responsible local governments such revisions as it determines necessary for the economic recovery of the area, including the development of new plans and the preparation of a recovery investment plan for the 5-year period following the declaration of the major disaster. The Recovery Planning Council shall accept as one element of the recovery investment plans determinations made under section 402(f) of the Disaster Relief Act of 1974. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 153.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">A recovery investment plan prepared by a Recovery Planning <sidenote><p class="firstIndent1 fontsize8">Recovery investment plan.</p></sidenote> Council may recommend the revision, deletion, reprograming, or additional approval of Federal-aid projects and programs within the area—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">for which application has been made but approval not yet granted;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">for which funds have been obligated or approval granted but construction not yet begun;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">for which funds have been or are scheduled to be apportioned within the five years after the declaration of the disaster;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">which may otherwise be available to the area under any State schedule or revised State schedule of priorities; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">which may reasonably be anticipated as becoming available under existing programs.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Upon the recommendation of the Recovery Planning Council <sidenote><p class="firstIndent1 fontsize8">Reserve funds.</p></sidenote> and the request of the Governor, any funds for projects or programs identified pursuant to paragraph (1) of this subsection may, to any extent consistent with appropriation Acts, be placed in reserve by the responsible Federal agency for use in accordance with such recommendations. Upon the request of the Governor and with the concurrence <sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> of affected local governments, such funds may be transferred to the Recovery Planning Council to be expended in the implementation of the recovery investment plan, except that no such transfer may be made unless such expenditure is for a project or program for which such funds originally were made available by an appropriation Act.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“public works and development facilities grants and loans</heading> <section class="firstIndent1 fontsize10"> <num value="803">“<inline class="smallCaps">Sec</inline>. 803. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The President is authorized to provide funds to any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3233">42 USC 3233</ref>.</p></sidenote> Recovery Planning Council for the implementation of a recovery investment plan by public bodies. Such funds may be used—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to make loans for the acquisition or development of land and improvements for public works, public service, or development facility usage, including the acquisition or development of parks or open spaces, and the acquisition, construction, rehabilitation, alteration, expansion, or improvement of such facilities, including related machinery and equipment, and</content> </paragraph> <page identifier="/us/stat/88/162">88 <inline class="smallCaps">Stat</inline>. 162</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to make supplementary grants to increase the Federal share for projects for which funds are reserved pursuant to subsection (c) (2) of section 802 of this Act, or other Federal-aid projects in the affected area.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Grants and loans under this section may be made to any State, local government, or private or public nonprofit organization representing any area or part thereof affected by a major disaster.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">No supplementary grant shall increase the Federal share of the cost of any project to greater than 90 per centum, except in the case of a grant for the benefit of Indians or Alaska Natives, or in the case of any State or local government which the President determines has exhausted its effective taxing and borrowing capacity.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Loans under this section shall bear interest at a rate determined<sidenote><p class="firstIndent1 fontsize8">Interest rate.</p></sidenote> by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, less 1 per centum per annum.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">Financial assistance under this title shall not be extended to assist establishments relocating from one area to another or to assist subcontractors whose purpose is to divest, or whose economic success is dependent upon divesting, other contractors or subcontractors of contracts therefore customarily performed by them. Such limitations shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity if the Secretary of Commerce finds that the establishment of such branch, affiliate, or subsidiary will not result in an increase in unemployment of the area of original location or in any other area where such entity conducts business operations, unless the Secretary has reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“loan guarantees</heading> <section class="firstIndent1 fontsize10"> <num value="804">“<inline class="smallCaps">Sec</inline>. 804. </num> <content class="inline">The President is authorized to provide funds to Recovery<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3234">42 USC 3234</ref>.</p></sidenote> Planning Councils to guarantee loans made to private borrowers by private lending institutions (1) to aid in financing any project within an area affected by a major disaster for the purchase or development of land and facilities (including machinery and equipment) for industrial or commercial usage including the construction of new buildings, and rehabilitation of abandoned or unoccupied buildings, and the alteration, conversion, or enlargement of existing buildings; and (2) for working capital in connection with projects in areas assisted under paragraph (1), upon application of such institution and upon such terms and conditions as the President may prescribe. No such guarantee <sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> shall at any time exceed 90 per centum of the amount of the outstanding unpaid balance of such loan.</content> </section> </section> <section> <heading class="smallCaps centered">“technical assistance</heading> <section class="firstIndent1 fontsize10"> <num value="805">“<inline class="smallCaps">Sec</inline>. 805. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">In carrying out the purposes of this title the President <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3235">42 USC 3235</ref>.</p></sidenote> is authorized to provide technical assistance which would be useful in facilitating economic recovery in areas affected by major disasters. Such assistance shall include project planning and feasibility studies, management and operational assistance, and studies evaluating the needs of, and developing potentialities for, economic recovery<page identifier="/us/stat/88/163">88 <inline class="smallCaps">Stat</inline>. 163</page> of such areas. Such assistance may be provided by the President directly, through the payment of funds authorized for this title to other departments or agencies of the Federal Government, through the employment of private individuals, partnerships, firms, corporations, or suitable institutions, under contracts entered into for such purposes, or through grants-in-aid to appropriate public or private nonprofit State, area, district, or local organizations.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The President is authorized to make grants to defray not to <sidenote><p class="firstIndent1 fontsize8">Grants for administrative expenses.</p></sidenote> exceed 75 per centum of the administrative expenses of Recovery Planning Councils designated pursuant to section 802 of this Act. In determining the amount of the non-Federal share of such costs or expenses, the President shall give due consideration to all contributions both in cash and in kind, fairly evaluated, including but not limited to space, equipment, and services. Where practicable, grants-in-aid authorized under this subsection shall be used in conjunction with other available planning grants, to assure adequate and effective planning and economical use of funds.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="806">“<inline class="smallCaps">Sec</inline>. 806. </num> <content class="inline">There is authorized to be appropriated not to exceed <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s3236">42 USC 3236</ref>.</p></sidenote> $250,000,000 to carry out this title.”.</content> </section> </section> <num value="VI">TITLE VI—</num> <heading class="inline">MISCELLANEOUS</heading> <section> <heading class="smallCaps centered">authority to prescribe rules</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content class="inline">The President may prescribe such rules and regulations as <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5201">42 USC 5201</ref>.</p></sidenote> may be necessary and proper to carry out any of the provisions of this Act, and he may exercise any power or authority conferred on him by any section of this Act either directly or through such Federal agency or agencies as he may designate.</content> </section> </section> <section> <heading class="smallCaps centered">technical amendments</heading> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 701(a)(3)(B)(ii) of the Housing Act of 1954 (40 U.S.C. 461(a)(3)(B)(ii)) is amended to read as follows: “<quotedText>(ii) have suffered substantial damage as a result of a major disaster as declared by the President pursuant to the Disaster Relief Act of 1974;</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 8(b) (2) of the National Housing Act (12 U.S.C. 1706c (b)(2)) is amended by striking out of the last proviso “<quotedText>section 102(1) of the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>sections 102(2) and 301 of the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Section 203(h) of the National Housing Act (12 U.S.C. 1709 (h)) is amended by striking out “<quotedText>section 102(1) of the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>sections 102(2) and 301 of the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 221(f) of the National Housing Act (12 U.S.C. 17151 (f)) is amended by striking out of the last paragraph “<quotedText>the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Section 7(a)(1)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress, as amended; 20 U.S.C. 241–1(a)(1) (A)), is amended by striking out “<quotedText>pursuant to section 102(1) of the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>pursuant to sections 102(2) and 301 of the Disaster Relief Act of 1974</quotedText>”. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 144, 146.</p></sidenote></content> </subsection> <page identifier="/us/stat/88/164">88 <inline class="smallCaps">Stat</inline>. 164</page> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">Section 16(a} of the Act of September 23, 1950 (79 Stat. 1158; 20 U.S.C. 646(a)) is amended by striking out “<quotedText>section 102(1) of the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>sections<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp, 144, 146.</p></sidenote> 102 (2) and 301 of the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">Section 408(a) of the Higher Education Facilities Act of 1963 (20 U.S.C. 758(a)) is amended by striking out “<quotedText>section 102(1) of the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>sections 102(2) and 301 of the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">Section 165(h) of the Internal Revenue Code of 1954, relating to disaster losses (26 U.S.C. 165 (h)) is amended by striking out “<quotedText>1970</quotedText>” and inserting in lieu thereof “<quotedText>1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">Section 5064(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5064(a)), relating to losses caused by disaster, is amended by striking out “<quotedText>the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="j">(j) </num> <content class="inline">Section 5708(a) of the Internal Revenue Code of 1954 (26 U.S.C. 5708(a)), relating to losses caused by disaster, is amended by striking out “<quotedText>the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">(k) </num> <content class="inline">Section 3 of the Act of June 30, 1954 (68 Stat. 330, as amended by 82 Stat. 1213; 48 U.S.C. 1681 nt.), is amended by striking out of the last sentence “<quotedText>section 102(1) of the Disaster Relief Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>sections 102(2) and 301 of the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="l">(l) </num> <content class="inline">Section 1820(f) of title 38, United States Code, is amended by striking “<quotedText>the Disaster Assistance Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>the Disaster Relief Act of 1974</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="m">(m) </num> <content class="inline">Whenever reference is made in any provision of law (other than this Act), regulation, rule, record, or document of the United States to provisions of the Disaster Relief Act of 1970 (84 Stat. 1744),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4401">42 USC 4401 note</ref>.</p></sidenote> repealed by this Act such reference shall be deemed to be a reference to the appropriate provision of this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">repeal of existing law</heading> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <content class="inline">The Disaster Relief Act of 1970, as amended (84 Stat.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4451">42 USC 4451</ref>; <ref href="/us/usc/t38/s1820">38 USC 1820</ref>; <ref href="/us/usc/t42/s4453–4456">42 USC 4453–4456</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4401/4434">42 USC 4401 notes, 4434 note</ref>.</p></sidenote> 1744), is hereby repealed, except sections 231, 233, 234, 235, 236, 237, 301, 302, 303, and 304. Notwithstanding such repeal the provisions of the Disaster Relief Act of 1970 shall continue in effect with respect to any major disaster declared prior to the enactment of this Act.</content> </section> </section> <section> <heading class="smallCaps centered">prior allocation of funds</heading> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <content class="inline">Funds heretofore appropriated and available under Public Laws 91–606, as amended, and 92–385 shall continue to be available<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4401">42 USC 4401 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t86/s554">86 Stat. 554</ref>.</p></sidenote> for the purpose of providing assistance under those Acts as well as for the purposes of this Act.</content> </section> </section> <section> <heading class="smallCaps centered">effective date</heading> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <content class="inline">Except for section 408, this Act shall take effect as of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5121">42 USC 5121 note</ref>.</p></sidenote> April 1, 1974.</content> </section> </section> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <content class="inline">Except as provided by the amendment made by section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s5202">42 USC 5202</ref>.</p></sidenote> 501, there are authorized to be appropriated to the President such sums as may be necessary to carry out this Act through the close of June 30, 1977.</content> </section> </section> Approved May 22, 1974.
Public Law 93–289: To amend title 38, United States Code, to increase the maximum amount of Servicemen’s Group Life Insurance to $20,000, to provide full-time coverage thereunder for certain members of the Reserves and National Guard, to authorize the conversion of such insurance to Veterans’ Group Life Insurance, to authorize allotments from the pay of members of the National Guard of the United States for group life insurance premiums, and for other purposes. Public Law 289 88 Stat. 165 1974-05-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 165 Public Law 93–289
An Act To amend title 38, United States Code, to increase the maximum amount of Servicemen’s Group Life Insurance to $20,000, to provide full-time coverage thereunder for certain members of the Reserves and National Guard, to authorize the conversion of such insurance to Veterans’ Group Life Insurance, to authorize allotments from the pay of members of the National Guard of the United States for group life insurance premiums, and for other purposes.

May 24, 1974

[H. R. 6574]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Veterans’ Insurance Act of 1974.

38 USC 723 note.

 be cited as the “Veterans’ Insurance Act of 1974”.
Sec. 2. (a) That section 723 of title 38, United States Code, is amended as follows: (1) The catchline is amended to read as follows: “Veterans’ Special Life Insurance”. (2) Clause (4) of subsection (a) is amended to read as follows: “(4) all premiums and other collections on such insurance and any total disability provisions added thereto shall be credited to a revolving fund in the Treasury of the United States, which, together with interest earned thereon, shall be available for the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends and refunds of unearned premiums”. (3) Clause (5) of subsection (b) is amended to read as follows: “(5) all premiums and other collections on insurance issued under this subsection and any total disability income provisions added thereto shall be credited directly to the revolving fund referred to in subsection (a) of this section, which together with interest earned thereon, shall be available for the payment of liabilities under such insurance and any total disability provisions added thereto, including payments of dividends and refunds of unearned premiums”. (4) Subsections (d) and (e) are hereby repealed.

Repeals.

 (b) The analysis of chapter 19 of title 38, United States Code, is amended by deleting “723.

and inserting in lieu thereof the following:

“723.
Sec. 3. Clause (5) of section 765 of title 38, United States Code, is amended to read as follows: “(5) The term ‘member’ means—

“Member.”

 “(A) a person on active duty, active duty for training, or inactive duty training in the uniformed services in a commissioned, warrant, or enlisted rank, or grade, or as a cadet or midshipman of the United States Military Academy, United States Naval Academy, United States Air Force Academy, or the United States Coast Guard Academy; “(B) a person who volunteers for assignment to the Ready Reserve of a uniformed service and is assigned to a unit or position in which he may be required to perform active duty, or active duty for training, and each year will be scheduled to perform at least twelve periods of inactive duty training that is creditable for retirement purposes under chapter 67 of title 10;

10 USC 1331.

 “(C) a person assigned to, or who upon application would be eligible for assignment to, the Retired Reserve of a uniformed service who has not received the first increment of88 Stat. 166 retirement pay or has not yet reached sixty-one years of age and has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 67 of title 10; and

10 USC 1331.

 “(D) a member, cadet, or midshipman of the Reserve Officers Training Corps while attending field training or practice cruises.”
Sec. 4. Section 767 of title 38, United States Code, is amended as

Persons insured; amount.

 follows: (1) Subsection (a) is ammended to read as follows: “(a) Any policy of insurance purchased by the Administrator under section 766 of this title shall automatically insure against

38 USC 766.

 death— “(1) any member of a uniformed service on active duty, active duty for training, or inactive duty training scheduled in advance by competent authority; “(2) any member of the Ready Reserve of a uniformed service who meets the qualifications set forth in section 765(5) (B) of this title; and

Ante, p . 165.

 “(3) any member assigned to, or who upon application would be eligible for assignment to, the Retired Reserve of a uniformed service who meets the qualifications set forth in section 765(5)(C) of this title; in the amount of $20,000 unless such member elects in writing (A) not to be insured under this subchapter, or (B) to be insured in the amount of $15,000, $10,000, or $5,000. The insurance shall be effective the first day of active duty or active duty for training, or the beginning of a period of inactive duty training scheduled in advance by competent authority, or the first day a member of the Ready Reserve meets the qualifications set forth in section 765(5) (B) of this title, or the first day a member of the Reserves, whether or not assigned to the Retired Reserve of a uniformed service, meets the qualifications of section 765(5) (C) of this title, or the date certified by the Administrator to the Secretary concerned as the date Servicemen’s Group Life Insurance under this subchapter for the class or group concerned takes effect, whichever is the later date.” (2) Subsection (b) is amended by deleting “ninety days” wherever it appears therein and inserting in lieu thereof “one hundred and twenty days”. (3) Subsection (c) is amended to read as follows: “(c) If any member elects not to be insured under this subchapter or to be insured in the amount of $15,000, $10,000, or $5,000, he may thereafter be insured under this subchapter or insured in the amount of $20,000, $15,000, or $10,000 under this subchapter, as the case may be, upon written application, proof of good health, and compliance with such other terms and conditions as may be prescribed by the Administrator. Any former member insured under Veterans’ Group

Automatic conversion.

 Life Insurance who again becomes eligible for Servicemen’s Group Life Insurance and declines such coverage solely for the purpose of maintaining his Veterans’ Group Life Insurance in effect shall upon termination of coverage under Veterans’ Group Life Insurance be automatically insured under Servicemen’s Group Life Insurance, if otherwise eligible therefor.”
Sec. 5. (a) Section 768 of title 38, United States Code, is amended

Coverage, duration and termination.

 as follows: (1) Subsection (a) is amended by inserting “or while the member meets the qualifications set forth in section 765(5) (B) or (C) of this title,” immediately before “and such insurance shall cease”. 88 Stat. 167 (2) Clauses (2) and (3) of subsection (a) are each amended by deleting “ninety days” wherever it appears therein and inserting in lieu thereof “one hundred and twenty days”. (3) Subsection (a) is further amended by adding at the end thereof the following: “(4) with respect to a member of the Ready Reserve of a

Ready Reserves.

 uniformed service who meets the qualifications set forth in section 765(5) (B) of this title, one hundred and twenty days after separation

Ante, p , 165.

 or release from such assignment— “(A) unless on the date of such separation or release the member is totally disabled, under criteria established by the Administrator, in which event the insurance shall cease one year after the date of separation or release from such assignment, or on the date the insured ceases to be totally disabled, whichever is the earlier date, but in no event prior to the expiration of one hundred and twenty days after separation or release from such assignment; or “(B) unless on the date of such separation or release the member has completed at least twenty years of satisfactory service creditable for retirement purposes under chapter 67 of title 10 and would upon application be eligible for assignment

10 USC 1331.

 to or is assigned to the Retired Reserve, in which event the insurance, unless converted to an individual policy under terms and conditions set forth in section 777(e) of this title,

Post, p. 169.

 shall, upon timely payment of premiums under terms prescribed by the Administrator directly to the administrative office established under section 766(b) of this title, continue

38 USC 766.

 in force until receipt of the first increment of retirement pay by the member or the member’s sixty-first birthday, whichever occurs earlier. “(5) with respect to a member of the Retired Reserve who

Retired Reserves.

Ante, p 165.

 meets the qualifications of section 765(5) (C) of this title, and who was assigned to the Retired Reserve prior to the date insurance under this amendment is placed in effect for members of the Retired Reserve, at such time as the member receives the first increment of retirement pay, or the member’s sixty-first birthday, whichever occurs earlier, subject to the timely payment of the initial and subsequent premiums, under terms prescribed by the Administrator, directly to the administrative office established under section 766 (b) of this title.” (4) Subsection (b) is amended to read as follows: “(b) Each policy purchased under this subchapter shall contain

Conversion.

 a provision, in terms approved by the Administrator, that, except as hereinafter provided. Servicemen’s Group Life Insurance which is continued in force after expiration of the period of duty or travel under section 767(b) or 768(a) of this title, effective the day after

Ante, p. 166.

 the date such insurance would cease, shall be automatically converted to Veterans’ Group Life Insurance subject to (1) the timely payment of the initial premium under terms prescribed by the Administrator, and (2) the terms and conditions set forth in section 777 of this title.

Post, p. 169.

 Such automatic conversion shall be effective only in the case of an otherwise eligible member or former member who is separated or released from a period of active duty or active duty for training or inactive duty training on or after the date on which the Veterans’ Group Life Insurance program (provided for under section 777 of this title) becomes effective. Servicemen’s Group Life Insurance continued in force under section 768(a) (4 ) (B) or (5) of this title shall

Supra.

88 Stat. 168 not be converted to Veterans’ Group Life Insurance. However, a

Ante, p. 166.

member whose insurance could be continued in force under section 768 (a) (4) (B) of this title, but is not so continued, may, effective the day after his insurance

Post, p. 169.

 otherwise would cease, convert such insurance to an individual policy under the terms and conditions set forth in section 777(e) of this title.” (5) Section 768 (c) is hereby repealed.

Repeal.

38 USC 768.

38 USC 768 note.

 (b) The amendments made by this Act shall not be construed to deprive any person discharged or released from the uniformed services of the United States prior to the date on which the Veterans’ Group Life Insurance program (provided for under section 777 of title 38, United States Code) becomes effective of the right to convert Servicemen’s Group Life Insurance to an individual policy under the provisions of law in effect prior to such effective date.
Sec. 6. Section 769 of title 38, United States Code, is amended as

Deductions.

 follows: (1) By deleting from paragraphs (1) and (2) of subsection (a) “is insured under a policy of insurance purchased by the Administrator, under section 766 of this title” and inserting in lieu thereof “is insured

38 USC 766.

 under Servicemen’s Group Life Insurance”. (2) By redesignating paragraphs (2) and (3) of subsection (a) as paragraphs (3) and (4), respectively, and by adding after paragraph (1) a new paragraph (2) as follows: “(2) During any month in which a member is assigned to the Ready

Ready Reserves.

 Reserve of a uniformed service under conditions which meet the qualifications of section 765 (5) (B) of this title, or is assigned to the Reserve

Ante, p. 165.

 (other than the Retired Reserve) and meets the qualifications of section 765(5) (C) of this title, and is insured under a policy of insurance purchased by the Administrator, under section 766 of this title, there shall be contributed from the appropriation made for active duty pay of the uniformed service concerned an amount determined by the Administrator (which shall be the same for all such members) as the share of the cost attributable to insuring such member under this policy, less any costs traceable to the extra hazards of such duty in the uniformed services. Any amounts so contributed on behalf of any individual shall be collected by the Secretary concerned from such individual (by deduction from pay or otherwise) and shall be credited to the appropriation from which such contribution was made.” (3) By deleting from the second sentence of paragraph (4) of subsection (a) “subsection (1) hereof, or fiscal year amount under subsection (2) hereof” and inserting in lieu thereof “paragraph (1) or (2) hereof, or fiscal year amount under paragraph (3) hereof”; and by deleting in such paragraph (4) “this subchapter” each time it appears and “insurance under this subchapter” and inserting in lieu thereof “Servicemen’s Group Life Insurance”, (4) The first sentence of subsection (b) is amended by deleting “such insurance” and inserting in lieu thereof “Servicemen’s Group Life Insurance”; and the second sentence of such subsection is amended by deleting “this subchapter” and inserting in lieu thereof “Servicemen’s Group Life Insurance”. (5) Subsection (c) is amended by deleting “any such insurance” and inserting in lieu thereof “Servicemen’s Group Life Insurance”. (6) The last sentence of subsection (d) (1) is amended to read as

Revolving fund, payments.

 follows: “All premium payments and extra hazard costs on Servicemen’s Group Life Insurance and the administrative cost to the Veterans’ Administration of insurance issued under this subchapter shall be paid from the revolving fund.”. 88 Stat. 169 (7) By adding at the end of such section a new subsection as follows: “(e) The premiums for Servicemen’s Group Life Insurance placed

Retired Reserves.

 in effect or continued in force for a member assigned to the Retired Reserve of a uniformed service who meets the qualifications of section 765(5) (C) of this title, shall be established under the criteria set

Ante, p 165.

38 USC 771.

 forth in sections 771 (a) and (c) of this title, except that the Administrator may provide for average premiums for such various age groupings as he may determine to be necessary according to sound actuarial principles, and shall include an amount necessary to cover the administrative cost of such insurance to the company or companies issuing or continuing such insurance. Such premiums shall be payable by the insureds thereunder as provided by the Administrator directly to the administrative office established for such insurance under section 766(b) of this title. The provisions of sections 771 (d) and (e) of

38 USC 766.

 this title shall be applicable to Servicemen’s Group Life Insurance continued in force or issued to a member assigned to the Retired Reserve of a uniformed service. However, a separate accounting may be required by the Administrator for insurance issued to or continued in force on the lives of members assigned to the Retired Reserve and for other insurance in force under this subchapter. In such accounting, the Administrator is authorized to allocate claims and other costs among such programs of insurance according to accepted actuarial principles.”
Sec. 7. Section 770 of title 38, United States Code, is amended as

Beneficiaries.

 follows: (1) The first clause following the colon in subsection (a) is amended to read as follows: “First, to the beneficiary or beneficiaries as the member or former member may have designated by a writing received prior to death (1) in the uniformed services if insured under Servicemen’s Group Life Insurance, or (2) in the administrative office established under section 766(b) of this title if separated or released from service, or if assigned to the Retired Reserve, and insured under Servicemen’s Group Life Insurance, or if insured under Veterans’ Group Life Insurance;”. (2) Subsection (e) is amended by deleting therefrom the words “this amendatory Act” and inserting in lieu thereof “the Veterans’ Insurance Act of 1974”.

Ante, p. 165.

 (3) Subsections (f) and (g) are amended by adding after “Servicemen’s Group Life Insurance” wherever it appears therein “or Veterans’ Group Life Insurance”.
Sec. 8. Section 771 of title 38, United States Code, is amended as follows: (1) Subsection (b) is amended by deleting “the policy or policies” and inserting in lieu thereof “Servicemen’s Group Life Insurance”. (2) The third sentence of subsection (e) is amended by deleting “section 766” and inserting in lieu thereof “section 769(d)(1)”.

Ante, p. 168.
Sec. 9. (a) Subchapter III of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following new sections:
“§777. Veterans’ Group Life Insurance

38 USC 777.

 “(a) Veterans’ Group Life Insurance shall be issued in the amount of $5,000, $10,000, $15,000, or $20,000 only. No person may carry a combined amount of Servicemen’s Group Life Insurance and Veterans’ Group Life Insurance in excess of $20,000 at any one time. Any person

Conversion.

88 Stat. 170 insured under Veterans’ Group Life Insurance who again becomes insured under Servicemen’s Group Life Insurance may within sixty days after becoming so insured convert any or all of his Veterans’ Group Life Insurance to an individual policy of insurance under subsection (e) of this section. However, if such a person dies within the sixty-day period and before converting his Veterans’ Group Life Insurance, Veterans’ Group Life Insurance will be payable only if he is insured for less than $20,000 under Servicemen’s Group Life Insurance, and then only in an amount which when added to the amount of Servicemen’s Group Life Insurance payable shall not exceed $20,000. “(b) Veterans’ Group Life Insurance shall (1) provide protection against death; (2) be issued on a nonrenewable five-year term basis; (3) have no cash, loan, paid-up, or extended values; (4) except as otherwise provided, lapse for nonpayment of premiums; and (5) contain such other terms and conditions as the Administrator determines to be reasonable and practicable which are not specifically provided for in this section, including any provisions of this subchapter not specifically made inapplicable by the provisions of this section. “(c) The premiums for Veterans’ Group Life Insurance shall be

Premiums.

 established under the criteria set forth in sections 771 (a) and (c) of this title, except that the Administrator may provide for average

38 USC 771.

 premiums for such various age groupings as he may decide to be necessary according to sound actuarial principles, and shall include an amount necessary to cover the administrative cost of such insurance to the company or companies issuing such insurance. Such premiums shall be payable by the insureds thereunder as provided by the Administrator directly to the administrative office established for such insurance under section 766(b) of this title. In any case in which a member

38 USC 766.

 or former member who was mentally incompetent on the date he first became insured under Veterans’ Group Life Insurance dies within one year of such date, such insurance shall be deemed not to have lapsed for nonpayment of premiums and to have been in force on the date of death. Where insurance is in force under the preceding sentence, any unpaid premiums may be deducted from the proceeds of the insurance. Any person who claims eligibility for Veterans’ Group Life Insurance based on disability incurred during a period of duty shall be required to submit evidence of qualifying health conditions and, if required, to submit to physical examinations at their own expense. “(d) Any amount of Veterans’ Group Life Insurance in fores on

Death payments.

 any person on the date of his death shall be paid, upon the establishment of a valid claim therefor, pursuant to the provisions of section 770 of this title. However, any designation of beneficiary or beneficiaries

Ante, p. 169.

 for Servicemen’s Group Life Insurance filed with a uniformed service until changed, shall be considered a designation of beneficiary or beneficiaries for Veterans’ Group Life Insurance, but not for more than sixty days after the effective date of the insured’s Veterans’ Group Insurance, unless at the end of such sixty-day period, the insured is incompetent in which event such designation may continue in force until the disability is removed but not for more than five years after the effective date of the insured’s Veterans’ Group Life Insurance. Except as indicated above in incompetent cases, after such sixty-day period, any designation of beneficiary or beneficiaries for Veterans’ Group Life Insurance to be effective must be by a writing signed by the insured and received by the administrative office established under section 766(b) of this title. 88 Stat. 171 “(e) An insured under Veterans’ Group Life Insurance shall have

Conversion.

 the right to convert such insurance to an individual policy of life insurance upon written application for conversion made to the participating company he selects and payment of the required premiums. The individual policy will be issued without medical examination on a plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount as premiums in the event the insured performs active duty, active duty for training, or inactive duty training. The individual policy will be effective the day after the insured’s Veterans’ Group Life Insurance terminates by expiration of the five-year term period, except in a case where the insured is eligible to convert at an earlier date by reason of again having become insured under Servicemen’s Group Life Insurance, in which event the effective date of the individual policy may not be later than the sixty-first day after he again became so insured. Upon request to the administrative

Participating life insurance companies, list.

38 USC 766.

 office established under section 766(b) of this title, an insured under Veterans’ Group Life Insurance shall be furnished a list of life insurance companies participating in the program established under this subchapter. In addition to the life insurance companies participating in the program established under this subchapter, the list furnished to an insured under this section shall include additional life insurance companies (not so participating) which meet qualifying criteria, terms, and conditions established by the Administrator and agree to sell insurance to former members in accordance with the provisions of this section. “(f) The provisions of sections 771 (d) and (e) of this title shall be

38 USC 771.

Separate accounting procedures.

 applicable to Veterans’ Group Life Insurance. However, a separate accounting shall be required for each program of insurance authorized under this subchapter. In such accounting, the Administrator is authorized to allocate claims and other costs among such programs of insurance according to accepted actuarial principles. “(g) Any person whose Servicemen’s Group Life Insurance was

Servicemen’s Group Life Insurance, conversion.

 continued in force after termination of duty or discharge from service under the law as in effect prior to the date on which the Veterans’ Group Life Insurance program (provided for under section 777 of this title) became effective, and whose coverage under Servicemen’s Group Life Insurance terminated less than four years prior to such date, shall be eligible within one year from the effective date of the Veterans’ Group Life Insurance program to apply for and be granted Veterans’ Group Life Insurance in an amount equal to the amount of his Servicemen’s Group Life Insurance which was not converted to an individual policy under prior law. Veterans’ Group Life Insurance issued under this subsection shall be issued for a term period equal to five years, less the time elapsing between the termination of the applicant’s Servicemen’s Group Life Insurance and the effective date on which the Veterans’ Group Life Insurance program became effective. Veterans’ Group Life Insurance under this subsection shall only be issued upon application to the administrative office established under section 766(b) of this title, payment of the required premium, and proof of good health satisfactory to that office, which proof shall be submitted at the applicant’s own expense. Any person who cannot

Service-connected disability, waiver.

 meet the good health requirements for insurance under this subsection solely because of a service-connected disability shall have such disability waived. For each month for which any eligible veteran, whose

Contribution.

 service-connected disabilities are waived, is insured under this subsec-88 Stat. 172tion there shall be contributed to the insurer or insurers issuing the policy or policies from the appropriation ‘Compensation and Pensions, Veterans’ Administration’ an amount necessary to cover the cost of the insurance in excess of the premiums established for eligible veterans, including the cost of the excess mortality attributable to such veteran’s service-connected disabilities. The Administrator may establish, as he may determine to be necessary according to sound actuarial principles, a separate premium, age groupings for premium purposes, accounting, and reserves, for persons granted insurance under this subsection different from those established for other persons granted insurance under this section. Appropriations to carry out the

Appropriation.

 purpose of this section are hereby authorized.
Ҥ778. Reinstatement

38 USC 778.

 “Reinstatement of insurance coverage granted under this subchapter but lapsed for nonpayment of premiums shall be under terms and conditions prescribed by the Administrator.
Ҥ779. Incontestability

38 USC 779.

 “Subject to the provision of section 773 of this title, insurance coverage

38 USC 773.

 granted under this subchapter shall be incontestable from the date of issue, reinstatement, or conversion except for fraud or nonpayment of premium.”
(b) The analysis of subchapter III of chapter 19 of title 38, United States Code, is amended by adding at the end thereof the following: “777. “778. “779.
Sec. 10. Chapter 19 of title 38, United States Code, is amended as follows: (1) By striking out “Environmental Science Services Administration” wherever it appears in section 765 and inserting in lieu thereof

38 USC 765.

 “National Oceanic and Atmospheric Administration”. (2) By striking out “General operating expenses, Veterans’ Administration” in clause 3 of subsection (d) of section 769 and inserting in

38 USC 769.

 lieu thereof “General Operating Expenses, Veterans’ Administration”. (3) By striking out “Bureau of the Budget” in section 774 and

38 USC 774.

 inserting in lieu thereof “Office of Management and Budget”.
Sec. 11. (a) Chapter 13 of title 37, United States Code, is amended by adding at the end thereof a new section as follows:
Ҥ707. Allotments: members of the National Guard

37 USC 707.

 “(a) The Secretary of the Army or the Secretary of the Air Force, as the case may be, may allow a member of the National Guard who is not on active duty to make allotments from his pay under sections 204 and 206 of this title for the payment of premiums under a group life

37 USC 204, 206.

 insurance program sponsored by the military department of the State in which such member holds his National Guard membership or by the National Guard association of such State if the State or association concerned has agreed in writing to reimburse the United States for all costs incurred by the United States in providing for such allotments. The amount of such costs and procedures for reimbursements shall be determined by the Secretary of Defense and his determination shall be conclusive. All amounts of reimbursements for such costs received by the United States from a State or an association shall be credited to the appropriations or funds against which charges have been made for such costs.”
88 Stat. 173 (b) The United States shall not be liable for any losses or damages

Liability.

37 USC 707 note.

 suffered by any person as the result of any error made by any officer or employee of the United States in administering the allotment program authorized under subsection (a). (c) The table of sections at the beginning of chapter 13 of such title is amended by adding at the end thereof a new item as follows: “707.
Sec. 12. This Act shall become effective as follows:

Effective dates.

38 USC 723 note.

 (1) The amendments made by section % relating to Veterans’ Special Life Insurance, shall become effective upon the date of enactment of this Act except that no dividend on such insurance shall be paid prior to January 1, 1974. (2) The amendments relating to Servicemen’s Group Life Insurance

38 USC 765 note.

 coverage on a full-time basis for certain members of the Reserves and National Guard shall become effective upon the date of enactment of this Act. (3) The amendments increasing the maximum amount of Servicemen’s

38 USC 767 note.

 Group Life Insurance shall become effective upon the date of enactment of this Act. (4) The amendments made by sections 5(a) (4) and (5) of this

38 USC 768 note.

 Act, and those enacting a Veterans’ Group Life Insurance program shall become effective on the first day of the third calendar month following the month in which this Act is enacted.
Approved May 24, 1974.
Public Law 93–290: To amend section 505 of title 10, United States Code, to establish uniform original enlistment qualifications for male and female persons. Public Law 290 88 Stat. 173 1974-05-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–290
An Act To amend section 505 of title 10, United States Code, to establish uniform original enlistment qualifications for male and female persons.

May 24, 1974

[H. R. 3418]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Armed Forces.

Uniform enlistment qualifications.
Section 1. (a) The first sentence of section 505(a) of title 10, United States Code, is amended by striking out “in the case of male persons and not less than eighteen years of age in the case of female persons”. (b) The second sentence of section 505(a) of title 10, United States Code, is amended by striking out “male” and by striking out “, or female person under twenty-one years of age,”.
Sec. 2. Section 505(c) of title 10, United State Code, is amended by— (1) inserting “of persons for the duration of their minority or for a period of two, three, four, five, or six years,” after “enlistments”; (2) inserting a period after “be” and by striking out the dash after “be”; and (3) striking out paragraph (1) and paragraph (2).
Approved May 24, 1974.
Public Law 93–291: To amend the Act of June 27, 1960 (74 Stat. 220), relating to the preservation of historical and archeological data. Public Law 291 88 Stat. 174 1974-05-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 174 Public Law 93–291
An Act To amend the Act of June 27, 1960 (74 Stat. 220), relating to the preservation of historical and archeological data.

May 24, 1974

[S. 514]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act entitled

Historical and archeological data , preservation.

Extension to Federal or federally assisted projects.

 “An Act to provide for the preservation of historical and archeological data (including relics and specimens) which might otherwise be lost as the result of the construction of a dam”, approved June 27, 1960 (74 Stat. 220; 16 U.S.C. 469), is amended as follows: (1) In section 1, after “result of” insert “(1)” and delete “agency.” and insert “agency or (2) any alteration of the terrain caused as a result of any Federal construction project or federally licensed activity or program.” (2) In section 2, change “Sec. 2. (a)”, to “Sec. 2.”; after “Secretary

16 USC 469a.

 of the Interior” insert “(hereafter referred to as the Secretary)”, and delete all of subsection (b). (3) Add the following new sections:
“Sec. 3. (a) Whenever any Federal agency finds, or is notified, in

16 USC 469a–1.

 writing, by an appropriate historical or archeological authority, that its activities in connection with any Federal construction project or federally licensed project, activity, or program may cause irreparable loss or destruction of significant scientific, prehistorical, historical, or archeological data, such agency shall notify the Secretary, in writing,

Notification.

 and shall provide the Secretary with appropriate information concerning the project, program, or activity. Such agency may request

Data recovery, agency requests.

 the Secretary to undertake the recovery, protection, and preservation of such data (including preliminary survey, or other investigation as needed, and analysis and publication of the reports resulting from such investigation), or it may, with funds appropriated for such project, program, or activity, undertake such activities. Copies of

Reports, copies; availability.

 reports of any investigations made pursuant to this section shall be submitted to the Secretary, who shall make them available to the public for inspection and review. “(b) Whenever any Federal agency provides financial assistance

Survey.

 by loan, grant, or otherwise to any private person, association, or public entity, the Secretary, if he determines that significant scientific, prehistorical, historical, or archeological data might be irrevocably lost or destroyed, may with funds appropriated expressly for this purpose conduct, with the consent of all persons, associations, or public entities having a legal interest in the property involved, a survey of the affected site and undertake the recovery, protection, and preservation of such data (including analysis and publication). The Secretary

Construction delays, compensation.

 shall, unless otherwise mutually agreed to in writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or any nonfederally owned lands.
“Sec. 4. (a) The Secretary, upon notification, in writing, by any

16 USC 469a–2.

 Federal or State agency or appropriate historical or archeological authority that scientific, prehistorical, historical, or archeological data is being or may be irrevocably lost or destroyed by any Federal or federally assisted or licensed project, activity, or program, shall, if he determines that such data is significant and is being or may be irrevocably lost or destroyed and after reasonable notice to the agency responsible for funding or licensing such project, activity, or program, conduct or cause to be conducted a survey and other investigation of the areas which are or may be affected and recover and preserve such data (including analysis and publication) which, in his opinion,88 Stat. 175 are not being, but should be, recovered and preserved in the public interest. “(b) No survey or recovery work shall be required pursuant to this

Emergency projects.

 section which, in the determination of the head of the responsible agency, would impede Federal or federally assisted or licensed projects or activities undertaken in connection with any emergency, including projects or activities undertaken in anticipation of, or as a result of, a natural disaster. “(c) The Secretary shall initiate the survey or recovery effort within

Initiation.

 sixty days after notification to him pursuant to subsection (a) of this section or within such time as may be agreed upon with the head of the agency responsible for funding or licensing the project, activity, or program in all other cases. “(d) The Secretary shall, unless otherwise mutually agreed to in

Construction delays, compensation.

 writing, compensate any person, association, or public entity damaged as a result of delays in construction or as a result of the temporary loss of the use of private or nonfederally owned land.”
(4) In section 2, change “Sec. 2. (c)” to “Sec. 5. (a)” and change

16 USC 469a.

16 USC 469a–3.

 “instigating agency” to “agency responsible for funding or licensing the project” and delete “agency.” and insert “agency and the survey and recovery programs shall terminate at a time mutually agreed upon by the Secretary and the head of such agency unless extended by mutual agreement.”. (5) Delete subsection 2 (d). (6) In section 2, change “Sec. 2. (e)” to “Sec. 5. (b)”. (7) In section 5, add the following new subsection:

16 USC 469a–3.

 “(c) The Secretary shall coordinate all Federal survey and recovery

Coordination.

Annual report to congressional committees.

 activities authorized under this Act and shall submit an annual report at the end of each fiscal year to the Interior and Insular Affairs Committees of the United States Congress indicating the scope and effectiveness of the program, the specific projects surveyed and the results produced, and the costs incurred by the Federal Government as a result thereof,”. (8) Redesignate “Sec. 3.” as “Sec. 6.” and change paragraphs (2)

16 USC 469b.

 and (3) to read as follows: “(2) obtain the services of experts and consultants or organizations

Experts and consultants.

 thereof in accordance with section 3109 of title 5, United States Code; and “(3) accept and utilize funds made available for salvage

Funds, acceptance.

 archeological purposes by any private person or corporation or transferred to him by any Federal agency.”. (9) Delete all of section 4 and insert the following:

Funds, transfer.

16 USC 469c.
“Sec. 7. (a) To carry out the purposes of this Act, any Federal agency responsible for a construction project may assist the Secretary and/or it may transfer to him such funds as may be agreed upon, but not more than 1 per centum of the total amount authorized to be appropriated for such project, except that the 1 per centum limitation of this section shall not apply in the event that the project involves $50,000 or less: Provided, That the costs of such survey, recovery, analysis, and publication shall be considered nonreimbursable project costs. “(b) For the purposes of subsection 3(b) , there are authorized to

Appropriation.

 be appropriated such sums as may be necessary, but not more than $500,000 in fiscal year 1974; $1,000,000 in fiscal year 1975; $1,500,000 in fiscal year 1976; $1,500,000 in fiscal year 1977; and $1,500,000 in fiscal year 1978. 88 Stat. 176 “(c) For the purposes of subsection 4 (a), there are authorized to be appropriated not more than $2,000,000 in fiscal year 1974; $2,000,000 in fiscal year 1975; $3,000,000 in fiscal year 1976; $3,000,000 in fiscal year 1977; and $3,000,000 in fiscal year 1978.”.
Approved May 24, 1974.
Public Law 93–292: To amend title 10, United States Code, to provide for the presentation of a flag of the United States for deceased members of the Ready Reserve and for deceased members of the Reserve who die after completing twenty years of service, but before becoming entitled to retired pay. Public Law 292 88 Stat. 176 1974-05-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–292
An Act To amend title 10, United States Code, to provide for the presentation of a flag of the United States for deceased members of the Ready Reserve and for deceased members of the Reserve who die after completing twenty years of service, but before becoming entitled to retired pay.

May 28, 1974

[H. R. 5621]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Ready Reserve and Reserve, deceased members.
That section 1482 of title 10, United States Code, is amended by adding the following new subsection at the end thereof: “(f) The Secretary concerned may pay the necessary expenses for

U.S. flag, presentation.

 the presentation of a flag to the person designated to direct the disposition of the remains of a member of the Reserve of an armed force under his jurisdiction who dies under honorable circumstances as determined by the Secretary and who is not covered by section 1481 of this title if, at the time of such member’s death, he— “(1) was a member of the Ready Reserve; or “(2) had performed at least twenty years of service as computed under section 1332 of this title and was not entitled to retired pay under section 1331 of this title.”.
Approved May 28, 1974.
Public Law 93–293: To amend title 38, United States Code, to increase the rates of vocational rehabilitation, educational assistance, and special training allowances paid to eligible veterans and other persons; to make improvements in the educational assistance programs; and for other purposes. Public Law 293 88 Stat. 176 1974-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–293
An Act To amend title 38, United States Code, to increase the rates of vocational rehabilitation, educational assistance, and special training allowances paid to eligible veterans and other persons; to make improvements in the educational assistance programs; and for other purposes.

May 31, 1974

[S. 3398]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding

Veterans’ educational assistance.

Time extension.

38 USC 1662 note.

38 USC 1651.

 any other provision of law, the eight-year delimiting date for pursuit of educational programs under chapter 34 of title 38, United States Code, for eligible veterans discharged or released from active duty between January 31, 1955, and September 1, 1966 (except for those veterans whose discharges are subject to the provisions of section 1662(b) of such chapter, or who are pursuing courses of farm cooperative training, apprenticeship or other training on the job, or flight training under such chapter), shall run from July 1, 1966.
Approved May 31, 1974.
Public Law 93–294: To amend section 301 of title 37, United States Code, relating to incentive pay, to attract and retain volunteers for aviation crew member duties, and for other purposes. Public Law 294 88 Stat. 177 1974-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 177 Public Law 93–294
An Act To amend section 301 of title 37, United States Code, relating to incentive pay, to attract and retain volunteers for aviation crew member duties, and for other purposes.

May 31, 1974

[H.R. 12670]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Aviation Career Incentive Act of 1974.

37 USC 301a note.
That this Act may be cited as the “Aviation Career Incentive Act of 1974”.
Sec. 2. Chapter 5 of title 37, United States Code, is amended as follows: (1) Section 301(a)(1) is amended by striking out “a crew

37 USC 301.

 member” and inserting in lieu thereof “an enlisted crew member”. (2) Section 301(g) is repealed.

Repeal.

 (3) The following new section is inserted after section 301 and a corresponding item for that section is inserted in the chapter analysis:
Ҥ301a. Incentive pay: aviation career

37 USC 301a.

 “(a) (1) Subject to regulations prescribed by the President, a member

Operational or proficiency flying.

 of a uniformed service who is entitled to basic pay is also entitled to aviation career incentive pay in the amount set forth in subsection (b) of this section for the frequent and regular performance of operational or proficiency flying duty required by orders. “(2) Aviation career incentive pay shall be restricted to regular

Regular and reserve officers.

 and reserve officers who hold, or are in training leading to, an aeronautical rating or designation and who engage and remain in aviation service on a career basis. “(3) Under regulations prescribed by the Secretary of Defense, the

Coast Guard officers.

 Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy, or the Secretary of Commerce and the Secretary of Health, Education, and Welfare with respect to members under their respective jurisdiction, an officer (except a flight surgeon or other medical officer) who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is entitled to continuous monthly incentive pay in the amount set forth in subsection (b) of this section that is applicable to him. A flight surgeon or other medical officer who is entitled to basic pay, holds an aeronautical rating or designation, and is qualified for aviation service under regulations prescribed by the Secretary concerned, is not entitled to continuous monthly incentive pay but is entitled to monthly incentive pay in the amounts set forth in subsection (b) of this section for the frequent and regular performance of operational flying duty. “(4) To be entitled to continuous monthly incentive pay, an officer must perform the prescribed operational flying duties (including flight training but excluding proficiency flying) for 6 of the first 12, and 11 of the first 18, years of his aviation service. However, if an officer performs the prescribed operational flying duties (including flight training but excluding proficiency flying) for at least 9 but less than 11 of the first 18 years of his aviation service, he will be entitled to continuous monthly incentive pay for the first 22 years of his officer service. “(5) If upon completion of either 12 or 18 years of aviation service it is determined that an officer has failed to perform the minimum prescribed operational flying duty requirements during the prescribed periods of time, his entitlement to continuous monthly incentive pay88 Stat. 178 ceases. If at the completion of 12 years of aviation service entitlement to continuous monthly incentive pay ceases, entitlement to that pay may again commence at the completion of 18 years of aviation service upon completion of the minimum operational flying duty requirements, such pay to continue for a period of time as prescribed in accordance with this section. However, if entitlement to continuous monthly incentive pay ceases in the case of any officer at the completion of either 12 or 18 years of aviation service, such officer remains entitled to monthly incentive pay for the performance of subsequent operational or proficiency flying duties up to the maximum period of time prescribed in accordance with this section. “(6) For the purposes of this section, the term—

Definitions.

 “(A) ‘operational flying duty’ means flying performed under competent orders by rated or designated members while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation; and “(B) ‘proficiency flying duty’ means flying performed under competent orders by rated or designated members while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties. “(b) A member who satisfies the requirements described in subsection (a) of this section is entitled to monthly incentive pay as follows: “(1) For an officer in pay grades O–1 through O–10 who is qualified under subsection (a) of this section:

“Phase I
“Monthly rate: Years of aviation service (including flight training) as an officer
$100 2 or less.
$125 Over 2.
$150 Over 3.
$165 Over 4.
$245 Over 6.

“Phase II
“Monthly rate: Years of services as an officer as computed under section 205
$225 Over 18.
$205 Over 20.
$185 Over 22.
$165 Over 24 but not over 25.
An officer is entitled to the rates in phase I of this table until he has completed 18 years of service as an officer, after which his entitlement is as prescribed by the rates in phase II, if he has completed at least 6 years of aviation service as an officer. However, if he has over 18 years of service as an officer, but not at least 6 years of aviation service as an officer, he continues to be subject to the rates set forth in phase I of the table that apply to an officer who has less than 6 years of aviation service as an officer. An officer in a pay grade above O–6 is entitled, until he completes 25 years of service as an officer, to be paid at the rates set forth in this table, except that an officer in pay grade O–7 may not be paid at a rate greater than $160 a month, and an officer in pay grade O–8, or above, may not be paid at a rate greater than $166 a month. 88 Stat. 179 “(2) For a warrant officer who is qualified under subsection (a) of this section:
“Monthly rate: Years of aviation service as an officer
$100 2 or less.
$110 Over 2.
$200 Over 6.
For the purposes of clauses (1) and (2) of this subsection, the term

“Aviation service.”

 ‘aviation service’ means the service performed, under regulations prescribed by the Secretary concerned, by an officer, and the years of aviation service are computed beginning with the effective date of the initial order to perform aviation service. “(c) In time of war, the President may suspend the payment of

Wartime, payment suspension.

 aviation career incentive pay. “(d) Under regulations prescribed by the President and to the extent provided for by appropriations, when a member of a reserve component of a uniformed service, or of the National Guard, who is entitled to compensation under section 206 of this title, performs,

37 USC 206.

 under orders, duty described in subsection (a) of this section for members entitled to basic pay, he is entitled to an increase in compensation equal to 1/30 of the monthly incentive pay authorized by subsection (b) (1) or (2) of this section, as the case may be, for the performance of that duty by a member of corresponding years of aviation or officer service, as appropriate, who is entitled to basic pay. Such member is entitled to the increase for as long as he is qualified for it, for each regular period of instruction, or period of appropriate duty, at which he is engaged for at least two hours, including that performed on a Sunday or holiday, or for the performance of such other equivalent training, instruction, duty or appropriate duties, as the Secretary may prescribe under section 206(a) of this title. This subsection does not apply to a member who is entitled to basic pay under section 204 of this title. “(e) The Secretary of Defense shall report to Congress before

Report to Congress.

 July 1 each year the number of rated members by pay grade who— “(1) have 12 or 18 years of aviation service, and of those numbers, the number who are entitled to continuous monthly incentive pay under subsection (a) of this section; and “(2) are performing operational flying duties, proficiency flying, and those not performing flying duties.”.
Sec. 3. Section 715 of the Department of Defense Appropriation

Proficiency flying.

 Act, 1973 (86 Stat. 1199), and section 715 of the Department of Defense Appropriation Act, 1974 (87 Stat. 1041), are each amended by striking out the last sentence.
Sec. 4. Notwithstanding the amendments made by this Act, an

Hazardous duty pay.

37 USC 301a note.

Ante, p. 177.

 officer who was entitled to incentive pay under section 301(a)(1) of title 37, United States Code, on May 31, 1973, or on the day before the effective date of this Act, if otherwise qualified on the day before the effective date of this Act, is entitled to monthly incentive pay as prescribed in either clause (1) or (2) of this section, as follows: (1) If he is credited with 6 or less years of aviation service as an officer, and with less than 12 years of service as an officer, he is entitled to monthly incentive pay either— 88 Stat. 180 (A) in the amount he was receiving under section 301(b) of that title on May 31, 1973, or on the day before the effective

37 USC 301.

 date of this Act, but with no entitlement after either of those dates, as applicable, to any longevity pay increases or increases resulting from promotion to a higher grade until such time as the rate to which he is entitled under section 301a (b) of that title, as added by this Act, is equal to or

Ante, p. 177.

 greater than the amount he was receiving under that section on May 31, 1973, or on the day before the effective date of this Act, and thereafter his entitlement is as prescribed by that section, as added by this Act; or (B) at the rate prescribed by section 301a(b) of that title, as added by this Act; whichever is greater. However, an officer who is promoted and assigned to pay grade O–7 or above during the 36-month period following the effective date of this Act may not receive more than the rate which existed for that pay grade, as appropriate, prior to June 1, 1973. (2) If he is credited with more than 6 years of aviation service as an officer, or less than 6 years of aviation service but more than 12 years of service as an officer, he may receive monthly incentive pay at the rate prescribed in the table in section 301a (b) of title 37, United States Code, as added by this Act, that is applicable to him, or $165, whichever is greater, for not more than 36 months after the effective date of this Act, notwithstanding the provisions of section 301a (a) of that title, as added by this Act, with respect to prescribed operational flying duties (including flight training but excluding proficiency flying). However, under this clause, an officer who is assigned to the pay grade O–7 on the effective date of this Act, or is promoted to the pay grade O–7 during the 36-month period following the effective date of this Act, may not receive more than $160 per month while assigned to that grade. The amount to which a reserve officer who is entitled to compensation under section 206 of title 37, United States Code, is entitled under this section is governed by the provisions of section 301a(d) of that title, as added by this Act.
Sec. 5. A yearly report containing such data as necessary to monitor

Annual report, public release.

37 USC 301a note.

 the progress of this bill shall be made by the Department of Defense in cooperation with the Senate and House Armed Services Committees and released publicly.
Sec. 6. This Act becomes effective on the first day of the first

Effective date.

37 USC 301a note.

 month after enactment.
Approved May 31, 1974.
Public Law 93–295: To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans; to increase the rates of dependency and indemnity compensation for their survivors; and for other purposes. Public Law 295 88 Stat. 180 1974-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–295
An Act To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans; to increase the rates of dependency and indemnity compensation for their survivors; and for other purposes.

May 31, 1974

[S. 3072]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Veterans Disability Compensation and Survivor Benefits Act of 1974.

38 USC 314 note.
That this Act may be cited as the “Veterans Disability Compensation and Survivor Benefits Act of 1974”.
88 Stat. 181 <num value="I">TITLE I—</num> <heading class="inline">VETERANS DISABILITY COMPENSATION</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Section 314 of title 38, United States Code, is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>$28</quotedText>” in subsection (a) and inserting in lieu thereof “<quotedText>$32</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>$61</quotedText>” in subsection (b) and inserting in lieu thereof “<quotedText>$59</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(3) </num> <content class="inline">by striking out “<quotedText>$77</quotedText>” in subsection (c) and inserting in lieu thereof “<quotedText>$89</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by striking out “<quotedText>$106</quotedText>” in subsection (d) and inserting in lieu thereof “<quotedText>$122</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">by striking out “<quotedText>$149</quotedText>” in subsection (e) and inserting in lieu thereof “<quotedText>$171</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">by striking out “<quotedText>$179</quotedText>” in subsection (f) and inserting in lieu thereof “<quotedText>$211</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">by striking out “<quotedText>$212</quotedText>” in subsection (g) and inserting in lieu thereof “<quotedText>$260</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">by striking out “<quotedText>$246</quotedText>” in subsection (h) and inserting in lieu thereof “<quotedText>$289</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">by striking out “<quotedText>$276</quotedText>” in subsection (i) and inserting in lieu thereof “<quotedText>$326</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">by striking out “<quotedText>$496</quotedText>” in subsection (j) and inserting in lieu thereof “<quotedText>$584</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">(11) </num> <content class="inline">by striking out “<quotedText>$47</quotedText>” and “<quotedText>$616</quotedText>” and “<quotedText>$862</quotedText>” in subsection (k) and inserting in lieu thereof “<quotedText>$52</quotedText>” and “<quotedText>$727</quotedText>” and “<quotedText>$1,017</quotedText>”, respectively;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="12">(12) </num> <content class="inline">by striking out “<quotedText>$616</quotedText>” in subsection (1) and inserting in lieu thereof “<quotedText>$727</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="13">(13) </num> <content class="inline">by striking out “<quotedText>$678</quotedText>” in subsection (m) and inserting in lieu thereof “<quotedText>$800</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="14">(14) </num> <content class="inline">by striking out “<quotedText>$770</quotedText>” in subsection (n) and inserting in lieu thereof “<quotedText>$909</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="15">(15) </num> <content class="inline">by striking out “<quotedText>$862</quotedText>” in subsections (o) and (p) and inserting in lieu thereof “<quotedText>$1,017</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="16">(16) </num> <content class="inline">by striking out “<quotedText>$370</quotedText>” in subsection (r) and inserting in lieu thereof “<quotedText>$437</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="17">(17) </num> <content class="inline">by striking out “<quotedText>$554</quotedText>” in subsection (s) and inserting in lieu thereof “<quotedText>$654</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Administrator of Veterans’ Affairs may adjust administratively, <sidenote><p class="firstIndent1 fontsize8">Rate adjustment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s314">38 USC 314 note</ref>.</p></sidenote> consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85–857 who are not in receipt of compensation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s101">38 USC prec. 101 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s301">38 USC 301</ref>.</p></sidenote> payable pursuant to chapter 11 of title 38, United States Code.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau class="inline">Section 315(1) of title 38, United States Code, is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>$31</quotedText>” in subparagraph (A) and inserting in lieu thereof “<quotedText>$36</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>$53</quotedText>” in subparagraph (B) and inserting in lieu thereof “<quotedText>$61</quotedText>”;</content> </paragraph> <page identifier="/us/stat/88/182">88 <inline class="smallCaps">Stat</inline>. 182</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out “<quotedText>$67</quotedText>” in subparagraph (C) and inserting in lieu thereof “<quotedText>$77</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by striking out “<quotedText>$83</quotedText>” and “<quotedText>$15</quotedText>” in subparagraph (D) and inserting in lieu thereof “<quotedText>$95</quotedText>” and “<quotedText>$17</quotedText>”, respectively;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">by striking out “<quotedText>$21</quotedText>” in subparagraph (E) and inserting in lieu thereof “<quotedText>$24</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">by striking out “<quotedText>$36</quotedText>” in subparagraph (F) and inserting in lieu thereof “<quotedText>$41</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">by striking out “<quotedText>$53</quotedText>” and “<quotedText>$15</quotedText>” in subparagraph (G) and inserting in lieu thereof “<quotedText>$61</quotedText>” and “<quotedText>$17</quotedText>”, respectively;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">by striking out “<quotedText>$25</quotedText>” in subparagraph (H) and inserting in lieu thereof “<quotedText>$29</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">by striking out “<quotedText>$48</quotedText>” in subparagraph (I) and inserting in lieu thereof “<quotedText>$55</quotedText>”.</content> </paragraph> </section> <num value="II">TITLE II—</num> <heading class="inline">SURVIVORS DEPENDENCY AND INDEMNITY COMPENSATION</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">Section 411 of title 38, United States Code, is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content class="inline">Dependency and indemnity compensation shall be paid to a widow, based on the pay grade of her deceased husband, at monthly rates set forth in the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header"> <th style="text-align:left; width:30% vertical-align:bottom; font-size:8pt">“Pay grade</th> <th style="text-align:right; padding-right:1em; width:20% vertical-align:bottom; font-size:8pt">Monthly rate</th> <th style="text-align:left; text-indent:1em; width:20% vertical-align:middle; border-left:1px solid black; font-size:8pt">Pay grade</th> <th style="text-align:right; width:30% vertical-align:bottom; font-size:8pt">Monthly rate</th> </tr> </thead> <tfoot> <tr> <td colspan="4" style="text-align:justify; text-indent:1em; font-size:6pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn0182001">“<sup>1 </sup>If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by sec. 402 of this title, the widow’s rate shall be $316.</footnote></td> </tr> <tr> <td colspan="4" style="text-align:justify; text-indent:1em; font-size:6pt"><footnote xmlns="http://schemas.gpo.gov/xml/uslm" id="fn0182002">“<sup>2 </sup>If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by sec. 402 of this title, the widow’s rate shall be $589.</footnote></td> </tr> </tfoot> <tbody> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–1</td> <td style="text-align:right; padding-right:1em; vertical-align:top">$215</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">W–4</td> <td style="text-align:right; vertical-align:top">$307</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–2</td> <td style="text-align:right; padding-right:1em; vertical-align:top">221</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–1</td> <td style="text-align:right; vertical-align:top">271</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–3</td> <td style="text-align:right; padding-right:1em; vertical-align:top">228</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–2</td> <td style="text-align:right; vertical-align:top">281</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–4</td> <td style="text-align:right; padding-right:1em; vertical-align:top">241</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–3</td> <td style="text-align:right; vertical-align:top">301</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–5</td> <td style="text-align:right; padding-right:1em; vertical-align:top">248</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–4</td> <td style="text-align:right; vertical-align:top">318</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–6</td> <td style="text-align:right; padding-right:1em; vertical-align:top">254</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–5</td> <td style="text-align:right; vertical-align:top">350</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–7</td> <td style="text-align:right; padding-right:1em; vertical-align:top">266</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–6</td> <td style="text-align:right; vertical-align:top">394</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–8</td> <td style="text-align:right; padding-right:1em; vertical-align:top">281</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–7</td> <td style="text-align:right; vertical-align:top">427</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">E–9</td> <td style="text-align:right; padding-right:1em; vertical-align:top"><ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn0182001"><sup>1</sup></ref>294</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–8</td> <td style="text-align:right; vertical-align:top">467</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–1</td> <td style="text-align:right; padding-right:1em; vertical-align:top">271</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–9</td> <td style="text-align:right; vertical-align:top">502</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–2</td> <td style="text-align:right; padding-right:1em; vertical-align:top">282</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top">O–10</td> <td style="text-align:right; vertical-align:top"><ref xmlns="http://schemas.gpo.gov/xml/uslm" class="footnoteRef" idref="fn0182002"><sup>2</sup></ref>549</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">W–3</td> <td style="text-align:right; padding-right:1em; vertical-align:top">291</td> <td style="text-align:left; text-indent:1em; vertical-align:middle; border-left:1px solid black; vertical-align:top"/> <td style="text-align:right; vertical-align:top"/> </tr> </tbody> </table> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">If there is a widow with one or more children below the age of eighteen of a deceased veteran, the dependency and indemnity compensation paid monthly to the widow shall be increased by $26 for each such child.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The monthly rate of dependency and indemnity compensation payable to the widow shall be increased by $64 if she is (1) a patient m a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person.”.</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">Section 413 of title 38, United States Code, is amended<sidenote><p class="firstIndent1 fontsize8">Children.</p></sidenote> to read as follows: <quotedContent> <p class="indent0 firstIndent1 fontsize10">“Whenever there is no widow of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates:</p> <page identifier="/us/stat/88/183">88 <inline class="smallCaps">Stat</inline>. 183</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">One child, $108.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Two children, $156.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Three children, $201.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">More than three children, $201, plus $40 for each child in excess of three.”.</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (a) of section 414 of title 38, United States Code, is amended by striking out “<quotedText>$55</quotedText>” and inserting in lieu thereof “<quotedText>$64</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Subsection (b) of section 414 of such title is amended by striking out “<quotedText>$92</quotedText>” and inserting in lieu thereof “<quotedText>$108</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Subsection (c) of section 414 of such title is amended by striking out “<quotedText>$47</quotedText>” and inserting in lieu thereof “<quotedText>$55</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <chapeau class="inline">Section 322(b) of title 38, United States Code, is amended <sidenote><p class="firstIndent1 fontsize8">Death compensation, increase.</p></sidenote> to read as follows:</chapeau> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The monthly rate of death compensation payable to a widow or dependent parent under subsection (a) of this section shall be increased by $64 if the payee is (1) a patient in a nursing home or (2) helpless or blind, or so nearly helpless or blind as to need or require the regular aid and attendance of another person.”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">Section 337 of title 38, United States Code, is amended by striking “<quotedText>January 31, 1955</quotedText>” and inserting in lieu thereof “<quotedText>December 31, 1946</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 342 of title 38, United States Code, is amended by striking out “<quotedText>equal</quotedText>” and all that follows down through the end thereof and inserting in lieu thereof “<quotedText>those specified in section 322 of this title</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 343 of such title is hereby repealed. <sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The table of sections at the beginning of subchapter V of chapter 11 of title 38, United States Code, is amended by striking out the following: <toc> <referenceItem><designator>“343. </designator><label>Conditions under which wartime rates are payable.”.</label></referenceItem> </toc> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Administrator of Veterans’ Affairs shall make a <sidenote><p class="firstIndent1 fontsize8">Study.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s301">38 USC 301 note</ref>.</p></sidenote> detailed study of claims for dependency and indemnity compensation relating to veterans, as defined in section 101 (2), title 38, United States Code, who at time of death within six months prior to the date of enactment of this Act were receiving disability compensation from the Veterans’ Administration based upon a rating total and permanent in nature.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The report of such study shall include (1) the number of the <sidenote><p class="firstIndent1 fontsize8">Report.</p></sidenote> described cases, (2) the number of cases in which the specified benefit was denied, (3) an analysis of the reasons for each such denial, (4) an analysis of any difficulty which may have been encountered by the claimant in attempting to establish that the death of the veteran concerned was connected with his or her military, naval, or air service in the Armed Forces of the United States, and (5) data regarding the current financial status of the widow, widower, children, and parents in each case of denial.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The report together with such comments and recommendations <sidenote><p class="firstIndent1 fontsize8">Report, submittal to Speaker of the House and President of the Senate.</p></sidenote> as the Administrator deems appropriate shall be submitted to the speaker of the House and the President of the Senate not more than thirty days after the beginning of the Ninety-fourth Congress.</content> </subsection> </section> <num value="III">TITLE III—</num> <heading class="inline">PAYMENT OF BENEFITS TO PERSONS UNDER LEGAL DISABILITY</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (a) of section 320 of title 38, United States Code, is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content class="inline">Where it appears to the Administrator that the interest of the beneficiary would be served thereby, payment of benefits under any<page identifier="/us/stat/88/184">88 <inline class="smallCaps">Stat</inline>. 184</page> law administered by the Veterans’ Administration may be made directly to the beneficiary or to a relative or some other person for the use and benefit of the beneficiary, regardless of any legal disability on the part of the beneficiary. Where, in the opinion of the Administrator, any fiduciary receiving funds on behalf of a Veterans’ Administration beneficiary is acting in such a number of cases as to make it impracticable to conserve properly the estates or to supervise the persons of the beneficiaries, the Administrator may refuse to make future payments in such cases as he may deem proper.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Subsection (c) of section 3202 of title 38, United States Code, is amended by deleting the phrase “<quotedText>guardian, curator, conservator, or other person legally vested with the care of the claimant or his estate</quotedText>”, following the word “<quotedText>any</quotedText>” and inserting “<quotedText>fiduciary or other person for the purpose of payment of benefits payable under laws administered by the Veterans’ Administration</quotedText>” and by deleting the word “<quotedText>estates</quotedText>” and inserting the word “<quotedText>benefits</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Subsection (e) of section 3202 of title 38, United States Code, is amended by deleting the phrase “<quotedText>guardian, curator, conservator, or person legally vested with the care of the beneficiary or his estate,</quotedText>” following the words “<quotedText>hands of a</quotedText>”, and inserting in lieu thereof the words “<quotedText>fiduciary appointed by a State court or the Veterans’ Administration</quotedText>” and by deleting the phrase “<quotedText>guardian, curator, conservator, or person legally vested with the care of the beneficiary or his estate</quotedText>”, following the word “<quotedText>such</quotedText>”, and inserting in lieu thereof the word “<quotedText>fiduciary</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Subsections (f) and (g) of section 3202 of title 38, United <sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote> States Code, are hereby repealed.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">Subsection (a)(4) of section 1701 of title 38, United States Code, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The term ‘guardian’ includes a fiduciary legally appointed by a court of competent jurisdiction, or any other person who has been appointed by the Administrator under section 3202 of this title to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s3202">38 USC 3202</ref>.</p></sidenote> receive payment of benefits for the use and benefit of the eligible person.”.</content> </paragraph> </quotedContent> </content> </section> <num value="IV">TITLE IV—</num> <heading class="inline">EFFECTIVE DATES</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content class="inline">The provisions of this Act shall become effective on May 1, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s314/170/3202">38 USC 314 note, 170 note, 3202 note</ref>.</p></sidenote> 1974, except that title I I I shall become effective on the first day of the second calendar month following enactment.</content> </section> Approved May 31, 1974.
Public Law 93–296: To amend the Public Health Service Act to provide for the establishment of a National Institute on Aging. Public Law 296 88 Stat. 184 1974-05-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–296
An Act To amend the Public Health Service Act to provide for the establishment of a National Institute on Aging.

May 31, 1974

[S. 775]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Research on Aging Act of 1974.

42 USC 289k–2 note.
Section 1. This Act may be cited as the “Research on Aging Act of 1974”.
Sec. 2. The Congress finds and declares that—

42 USC 289k–2 note.

 (1) the study of the aging process, the one biological condition common to all, has not received research support commensurate with its effects on the lives of every individual; (2) in addition to the physical infirmities resulting from advanced age, the economic, social, and psychological factors associated with aging operate to exclude millions of older Americans88 Stat. 185 from the full life and the place in our society to which their years of service and experience entitle them; (3) recent research efforts point the way toward alleviation of the problems of old age by extending the healthy middle years of life; (4) there is no American institution that has undertaken comprehensive systematic and intensive studies of the biomedical and behavioral aspects of aging and the related training of necessary personnel; (5) the establishment of a National Institute on Aging within the National Institutes of Health will meet the need for such an institution.
Sec. 3. Title IV of the Public Health Service Act is amended by

Ante, p. 135.

 adding at the end thereof the following new part: “PART H— NATIONAL INSTITUTE ON AGING
“establishment of national institute on aging
“Sec. 461. The Secretary shall establish in the Service an institute

42 USC 289k–2.

 to be known as the National Institute on Aging (hereinafter in this part referred to as the ‘Institute’) for the conduct and support of biomedical, social, and behavioral research and training related to the aging process and the diseases and other special problems and needs of the aged.
“national advisory council on aging
“Sec. 462. (a) The Secretary shall establish a National Advisory

Establishment.

42 USC 289k–3.

 Council on Aging to advise, consult with, and make recommendations to him on programs relating to the aged which are administered by him and on those matters which relate to the Institute. “(b) The provisions relating to the composition, terms of office of members, and reappointment of members of advisory councils under section 432(a) shall be applicable to the Advisory Council established

42 USC 289b.

 under this section, except that (1) the Secretary may include on such Advisory Council such additional ex officio members as he deems necessary, and (2) the Secretary shall appoint to the Council leading medical or scientific authorities skilled in aspects of the biological and the behavioral sciences related to aging. “(c) Upon appointment of such Advisory Council, it shall assume all, or such part as the Secretary may specify, of the duties, functions, and powers of the National Advisory Health Council relating to programs for the aged with which the Advisory Council established under this part is concerned and such portion as the Secretary may specify of the duties, functions, and power’s of any other advisory council established under this Act relating to programs for the aged.
“functions
“Sec. 463. (a) The Secretary (1) shall, through the Institute, carry

42 USC 289k–4.

42 USC 241.

 out the purposes of section 301 with respect to research investigations, experiments, demonstrations, and studies related to the aging process and the diseases and other special problems and needs of the aged, except that the Secretary shall determine the area in which and the extent to which he will carry out such activities in furtherance of the88 Stat. 186 purposes of section 301 through the Institute or another institute established

42 USC 241.

 by or under other provisions of this Act, or both of them, when both such institutes have functions with respect to the same subject matter, and (2) shall be responsible for coordinating such activities so as to avoid unproductive and unnecessary overlap and duplication of such functions. The Secretary may also provide training and instruction

Traineeships and fellowships, establishment.

 and establish traineeships and fellowships, in the Institute and elsewhere, in matters relating to study and investigation of the aging process and the diseases and other special problems and needs of the aged. The Secretary may provide trainees and fellows participating

Expense allowances.

 in such training and instruction or in such traineeships and fellowships with such stipends and allowances (including travel and subsistence expenses and dependency allowances) as he deems necessary, and, in addition, provide for such training, instruction, traineeships, fellowships through grants to public or other nonprofit institutions. In carrying out his health manpower training responsibilities under

Personnel, training.

 this Act or any other Act, the Secretary shall take appropriate steps to insure the education and training of adequate numbers of allied health, nursing, and paramedical personnel in the field of health care for the aged. “(b) The Secretary shall, through the Institute, conduct scientific

Scientific studies.

 studies to measure the impact on the biological, medical, and psychological aspects of aging of all programs and activities assisted or conducted by the Department of Health, Education, and Welfare. “(c) The Secretary, through the Institute, shall carry out public

Public information and education programs.

 information and education programs designed to disseminate as widely as possible the findings of Institute-sponsored and other relevant aging research and studies and other information about the process of aging which may assist elderly and near-elderly persons in dealing with and all Americans in understanding, the problems and processes associated with growing older.
“research program
“Sec. 464. (a) The Secretary, in consultation with the Institute and

42 USC 289k–5.

 the National Advisory Council on Aging and such other appropriate advisory bodies as he may establish, shall within one year after the effective date of this section develop a plan for a research program on aging designed to coordinate and promote research into the biological, medical, psychological, social, educational, and economic aspects of aging. Such program shall be carried out, as to research involving the functions of the Institute, primarily through the Institute, and as to other research shall be carried out through any other institute established by or under other provisions of this Act or through any appropriate agency or other organizational unit within the Department of Health, Education, and Welfare. “(b) Upon its completion, the plan for a research program on aging,

Plan, transmittal to Congress and President.

 required by subsection (a) of this section, shall be transmitted to the Congress and to the President and shall set forth the staffing and funding requirements to carry out such program.”
Approved May 31, 1974.
Public Law 93–297: To authorize the Secretary of the Interior to convey certain mineral interests of the United States to the owner or owners of record of certain lands in the State of South Carolina. Public Law 297 88 Stat. 187 1974-06-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 187 Public Law 93–297
An Act To authorize the Secretary of the Interior to convey certain mineral interests of the United States to the owner or owners of record of certain lands in the State of South Carolina.

June 1, 1974

[H. R. 6541]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Clarendon County S.C.

Mineral interests, conveyance.

 of the Interior is authorized and directed, in accordance with section 3 of this Act, to convey by quitclaim deed to the present owner or owners of record all mineral interest of the United States in the following described lands in Clarendon County, South Carolina:

All that piece, parcel, or tract of land lying, being, and situate a north corner iron being 152 feet south of the city limits of Manning, South Carolina, containing 10.4 acres of land and described as follows:

Beginning at a point of the right-of-way of United States Highway 301 and running along United States Highway 301 north 58 degrees 45 minutes east 240.3 feet to a stake;

thence south 31 degrees 15 minutes east 460 feet to a stake;

thence north 58 degrees 45 minutes east 302.4 feet to a stake;

thence north 27 degrees 48 minutes west 459.8 feet to a stake;

thence north 59 degrees 12 minutes east 85.7 feet to a point of curve;

thence north 60 degrees 5 minutes east 32.5 feet to a stake;

thence south 29 degrees 50 minutes east 150 feet to a stake;

thence north 60 degrees 10 minutes east 194.8 feet to a stake;

thence south 46 degrees 55 minutes east 219.2 feet to a stake;

thence south 16 degrees 6 minutes west 123 feet to a point of curve;

thence south 8 degrees 4 minutes east 125.6 feet to a point of curve;

thence south 12 degrees 37 minutes east 106.3 feet to a point of curve;

thence south 20 degrees 22 minutes west 105.7 feet to a point of curve;

thence south 44 degrees 28 minutes west 124.7 feet to a point of curve;

thence south 37 degrees 25 minutes west 114.9 feet to a point of curve;

thence south 32 degrees 39 minutes west 88.6 feet to a point of curve;

thence south 22 degrees 22 minutes west 136.1 feet to a stake;

thence north 38 degrees 58 minutes west 149 feet to a point of curve;

thence north 42 degrees 53 minutes west 190.7 feet to a point of curve;

thence north 48 degrees 44 minutes west 93.5 feet to a point of curve;

thence north 81 degrees 6 minutes west 114.9 feet to a point of curve;

thence north 55 degrees 54 minutes west 110.1 feet to a point of curve;

thence north 24 degrees 24 minutes west 135.4 feet to a point of curve;

thence north 5 degrees 32 minutes west 86.6 feet to a point of curve;

thence north 30 degrees 9 minutes west 171.5 feet to the point of beginning.

88 Stat. 188

Said tract of land bounded as follows: North by United States Highway 301 and the lands of the San-Man Inn of Manning Incorporated; east by the lands of M. R. Webster and of J . K. Breedin; south and west by the lands now or formerly of Anna and John R. Stewart.

 For a more particular description of said land, a comparison may be had of a plat made by W. B. Sykes, surveyor, dated March 16, 1951, and recorded in plat book 14 at page 39 in the Office of the Clerk of Court for Clarendon, a plat made by W. B. Sykes, surveyor, on November 16, 1960, and recorded in plat book 16 at page 157 in the Office of the Clerk of Court for Clarendon County, and a plat made by W. B. Sykes, surveyor, dated December 29, 1961, and recorded in plat book 17 at page 31 in the Office of the Clerk of Court for Clarendon County.
Sec. 2. The Secretary shall require the deposit of a sum of money

Administrative costs, payment.

 which he deems sufficient to cover estimated administrative costs of this Act. If conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.
Sec. 3. No conveyance shall be made unless application for conveyance

Application, filing date.

 is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess.
Sec. 4. The term "administrative costs" as used in this Act, includes,

“Administrative costs.”

 but is not limited to, all costs of (1) conducting such exploratory programs as the Secretary of the Interior deems necessary to determine the character of the mineral deposits in the land, (2) evaluating the data obtained under the exploratory programs to determine the fair market value of the mineral rights to be conveyed, and (3) preparing and issuing the instrument of conveyance.
Sec. 5. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered the service, and deposited to the appropriation then current. Moneys paid for the mineral or mineral interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts.
Approved June 1, 1974.
Public Law 93–298: To rename the first Civilian Conservation Corps Center located near Franklin, North Carolina, and the Cross Timbers National Grasslands in Texas in honor of former President Lyndon B. Johnson. Public Law 298 88 Stat. 188 1974-06-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–298
An Act To rename the first Civilian Conservation Corps Center located near Franklin, North Carolina, and the Cross Timbers National Grasslands in Texas in honor of former President Lyndon B. Johnson.

June 1, 1974

[S. 2835]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first Civilian

Lyndon B. Johnson Civilian Corps Center and Lyndon B. Johnson National Grasslands.

Designation.

 Conservation Corps Center, known as the Arrowood Civilian Conservation Corps Center, located near Franklin, North Carolina, is redesignated as the Lyndon B. Johnson Civilian Conservation Corps Center, and the Cross Timbers National Grasslands, located in Wise and Montague Counties, Texas, is redesignated as the Lyndon B. Johnson National Grasslands.
88 Stat. 189
Sec. 2. Any law, regulation, document, map, or record of the United States in which reference is made to the Arrowood Civilian Conservation Corps Center or to the Cross Timbers National Grasslands shall be held and considered to be a reference to the Lyndon B. Johnson Civilian Conservation Corps Center and the Lyndon B. Johnson National Grasslands, respectively.
Approved June 1, 1974.
Public Law 93–299: To authorize the Secretary of the Interior to convey certain mineral interests of the United States to the owner or owners of record of certain lands in the State of South Carolina. Public Law 299 88 Stat. 189 1974-06-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–299
An Act To authorize the Secretary of the Interior to convey certain mineral interests of the United States to the owner or owners of record of certain lands in the State of South Carolina.

June 1, 1974

[H. R. 6542]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Clarendon County, S.C.

Mineral interests, conveyance.

 of the Interior is authorized and directed, in accordance with section 3 of this Act, to convey by quitclaim deed to the present owner or owners of record all mineral interest of the United States in the following described lands in Clarendon County, South Carolina: All that piece, parcel, or tract of land, lying, being, and situate the north corner iron being on the south city limits of Manning, South Carolina, containing one lot of land of .6 acre and described as follows: Beginning at a point on the right-of-way of the United States Highway 301 and running along United States Highway 301 north 60 degrees 10 minutes east 152 feet to a stake; thence south 45 degrees 46 minutes each 156 feet along the south city limits of Manning, South Carolina, to a stake; thence south 60 degrees 10 minutes west 194.8 feet to a stake; thence north 29 degrees 50 minutes west 150 feet to the point of beginning. Said tract of land bounded as follows: North by United States Highway 301; east by the lands of J. K. Breedin; south and west by the lands of B. F. Hill. For a more particular description of said land reference may be had to a plat made by W. B. Sykes, surveyor, on December 29, 1961, and recorded in plat book 17 at page 31 in the Office of the Clerk of Court for Clarendon County.
Sec. 2. The Secretary shall require the deposit of a sum of money

Administrative costs, payment.

 which he deems sufficient to cover estimated administrative costs of this Act. If conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.
Sec. 3. No conveyance shall be made unless application for conveyance

Application, filing date.

 is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess.
Sec. 4. The term “administrative costs” as used in this Act, includes,

“Administrative costs.”

 but is not limited to, all costs of (1) conducting such exploratory programs as the Secretary of the Interior deems necessary to determine the character of the mineral deposits in the land, (2) evaluating88 Stat. 190 the data obtained under the exploratory programs to determine the fair market value of the mineral rights to be conveyed, and (3) preparing and issuing the instrument of conveyance.
Sec. 5. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered service, and deposited to the appropriation then current. Moneys paid for the minerals or mineral interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts.
Approved June 1, 1974.
Public Law 93–300: To amend the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended, to extend and adapt its provisions to the Convention between the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction and their environment, concluded at the city of Tokyo, March 4, 1972. Public Law 300 88 Stat. 190 1974-06-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–300
An Act To amend the Migratory Bird Treaty Act of July 3, 1918 (40 Stat. 755), as amended, to extend and adapt its provisions to the Convention between the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction and their environment, concluded at the city of Tokyo, March 4, 1972.

June 1, 1974

[H. R. 10942]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of the

Migratory Bird Treaty Act, amendments.

 Migratory Bird Treaty Act (16 U.S.C. 703) is amended— (1) by striking out “, or any part, nest, or egg of any such birds,” and insert in lieu thereof “, any part, nest, or egg of any such bird, or any product, whether or not manufactured, which consists, or is composed in whole or part, of any such bird or any part, nest, or egg thereof,”; (2) by striking out “and” immediately after “1916,”; and (3) by striking out the period at the end thereof and inserting in lieu thereof the following: “, and the United States and the Government of Japan for the protection of migratory birds and

U.S.-Japanese convention terms, addition.

 birds in danger of extinction, and their environment concluded March 4, 1972.”.
Sec. 2. The title of the Migratory Bird Treaty Act is amended to read as follows: “An Act to give effect to the conventions between the United States and other nations for the protection of migratory birds, birds in danger of extinction, game mammals, and their environment.”.
Sec. 3. The amendments made by this Act shall take effect on the

Effective date.

16 USC 703 note.

 date on which the President proclaims the exchange of ratifications of the convention between the United States and the Government of Japan for the protection of migratory birds and birds in danger of extinction, and their environment, concluded March 4, 1972, or on the date of the enactment of this Act, whichever date is later.
Approved June 1, 1974.
Public Law 93–301: To authorize the Secretary of the Interior to sell certain rights in the State of Florida. Public Law 301 88 Stat. 190 1974-06-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–301
An Act To authorize the Secretary of the Interior to sell certain rights in the State of Florida.

June 1, 1974

[H. R. 10284]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Marion County, Fla.

Phosphate deposits, conveyance.

 of the Interior is authorized and directed to convey to the record owner thereof, in accordance with section 3 of this Act, all right, title, and interest in phosphate deposits reserved to the United States in land88 Stat. 191 described as the northwest quarter of the southeast quarter of the northwest quarter, section 29, township 17 south, range 26 east, lying south of right-of-way of State road numbered 42; less the west thirty feet thereof, in Marion County, Florida.
Sec. 2. The Secretary shall require the deposit of a sum of money

Administrative costs, payments.

 which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is not made pursuant to this Act, and the Administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.
Sec. 3. No conveyance shall be made unless application for conveyance

Application, filing date.

 is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess.
Sec. 4. The term “administrative costs”, as used in this Act, includes,

“Administrative costs.”

 but is not limited to, all costs of (1) conducting an exploratory program to determine the character of the phosphate deposits in the land, (2) evaluating the data obtained under the exploratory program to determine the fair market value of the phosphate rights to be conveyed, and (3) preparing and issuing the instrument of conveyance.
Sec. 5. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered the service, and deposited to the appropriation then current. Moneys paid for the phosphate or phosphate interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts.
Approved June 1, 1974.
Public Law 93–302: To authorize additional appropriations to carry out the Peace Corps Act, and for other purposes. Public Law 302 88 Stat. 191 1974-06-01 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–302
An Act To authorize additional appropriations to carry out the Peace Corps Act, and for other purposes.

June 1, 1974

[H. R. 12920]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That so much of

Peace Corps Act, amendments.

 section 3(b) of the Peace Corps Act (22 U.S.C. 2502(b)) as precedes the first proviso thereof is amended to read as follows: “There are authorized to be appropriated for fiscal year 1975 not to exceed $82,256,000 to carry out the purposes of this Act:”.
Sec. 2. Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended

Salary and benefits, increase.

 by adding at the end thereof the following new subsections: “(c) In addition to the amounts authorized for fiscal year 1975, there are authorized to be appropriated for the Peace Corps for fiscal year 1975 not in excess of $1,000,000 for increases in salary, pay, retirement, or other employee benefits authorized by law. “(d) The Director of ACTION is authorized to transfer to the readjustment allowance, ACTION, account at the Treasury Department from any sums appropriated to carry out the purposes of this Act in fiscal year 1975 not to exceed $315,000 to rectify the imbalance in the Peace Corps readjustment allowance account for the period March 1, 1961, to February 28, 1973. 88 Stat. 192 “(e) The Director of ACTION is authorized to waive claims resulting from erroneous payments of readjustment allowances to Peace Corps Volunteers who terminated their volunteer service between March 1, 1961, and February 28, 1973, notwithstanding the provisions of section 5584 of title 5, United States Code, and notwithstanding the fact that the names of the recipients of such overpayments may be unknown. “(f) Disbursing and certifying officers of the Peace Corps and ACTION are relieved from liability for improper or incorrect payments of readjustment allowances made to volunteers between March 1, 1961, and February 28, 1973, other than any cases known to have resulted from fraud, notwithstanding the provisions of the first section of the Act entitled ‘An Act to provide permanent authority for the relief of certain disbursing officers, and for other purposes’, approved August 11, 1955 (31 U.S.C. 82a–2), and of section 2 of the Act entitled ‘An Act to fix the responsibilities of disbursing and certifying officers, and for other purposes’, approved December 29, 1941 (31 U.S.C. 82c).”
Approved June 1, 1974.
Public Law 93–303: To amend the Land and Water Conservation Fund Act, as amended, to provide for collection of special recreation use fees at additional campgrounds, and for other purposes. Public Law 303 88 Stat. 192 1974-06-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–303
An Act To amend the Land and Water Conservation Fund Act, as amended, to provide for collection of special recreation use fees at additional campgrounds, and for other purposes.

June 7, 1974

[S. 2844]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4 of

Federal recreation areas

Fees.

 the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), as amended (16 U.S.C. 4601–6a), is further amended as follows; (a) The heading of the section is revised to read:
“admission and use fees; establishment and regulations”.
(b) The second sentence of section 4(a) is amended to read: “No admission fees of any kind shall be charged or imposed for entrance into any other federally owned areas which are operated and maintained by a Federal agency and used for outdoor recreation purposes.” (c) Subsection (a) (1) is revised to read: “(1) For admission into any such designated area, an annual admission permit (to be known as the Golden Eagle Passport) shall be available, for a fee of not more than $10. The permittee and any person accompanying him in a single, private, noncommercial vehicle, or alternatively, the permittee and his spouse, children, and parents accompanying him where entry to the area is by any means other than private, noncommercial vehicle, shall be entitled to general admission into any area designated pursuant to this subsection. The annual permit shall be valid during the calendar year for which the annual fee is paid. The annual permit shall not authorize any uses for which additional fees are charged pursuant to subsections (b) and (c) of this section. The annual permit shall be nontransferable and the unlawful use thereof shall be punishable in accordance with regulations established pursuant to subsection (e). The annual permit shall be available for purchase at any such designated area.” 88 Stat. 193 (d) Subsection (a)(2) is revised by deleting in the first sentence

16 USC 460l–5a.

 “or who enter such an area by means other than by private, noncommercial vehicle”. (e) Subsection (a) (4) is amended by revising the first two sentences

Lifetime admission permit.

 to read: “The Secretary of the Interior and the Secretary of Agriculture shall establish procedures providing for the issuance of a lifetime admission permit (to be known as the ‘Golden Age Passport’) to any citizen of, or person domiciled in, the United States sixty-two years of age or older applying for such permit. Such permit shall be nontransferable, shall be issued without charge, and shall entitle the permittee and any person accompanying him in a single, private, noncommercial vehicle, or alternatively, the permittee and his spouse and children accompanying him where entry to the area is by any means other than private, noncommercial vehicle, to general admission into any area designated pursuant to this subsection.” (f) In subsection (b) the first paragraph is revised to read: “(b) Recreation Use Fees.— Each Federal agency developing, administering, providing or furnishing at Federal expense, specialized outdoor recreation sites, facilities, equipment, or services shall, in accordance with this subsection and subsection (d) of this section, provide for the collection of daily recreation use fees at the place of use or any reasonably convenient location: Provided, That in no event shall there be a charge by any such agency for the use, either singly or in any combination, of drinking water, wayside exhibits, roads, overlook sites, visitors’ centers, scenic drives, toilet facilities, picnic tables, or boat ramps: Provided, however, That a fee shall be charged for boat launching facilities only where specialized facilities or services such as mechanical or hydraulic boat lifts or facilities are provided: And provided further, That in no event shall there be a charge for the use of any campground not having the following—tent or trailer spaces, drinking water, access road, refuse containers, toilet facilities, personal collection of the fee by an employee or agent of the Federal agency operating the facility, reasonable visitor protection, and simple devices for containing a campfire (where campfires are permitted). At each lake or reservoir under the jurisdiction of the Corps of Engineers, United States Army, where camping is permitted, such agency shall provide at least one primitive campground, containing designated campsites, sanitary facilities, and vehicular access, where no charge shall be imposed. Any Golden Age Passport permittee shall be entitled upon presentation of such permit to utilize such special recreation facilities at a rate of 50 per centum of the established use fee.” (g) In subsection (b) paragraph “(1)” is deleted; the paragraph designation “2” is redesignated as subsection “(c) RECREATION PERMITS.—”; and subsequent subsections are redesignated accordingly. (h) In new subsection (d) the second sentence is revised to read: “Clear notice that a fee has been established pursuant to this section shall be prominently posted at each area and at appropriate locations therein and shall be included in publications distributed at such areas.” (i) In new subsection (e) the first sentence is revised to read: “In

Rules and regulations.

 accordance with the provisions of this section, the heads of appropriate departments and agencies may prescribe rules and regulations for areas under their administration for the collection of any fee established pursuant to this section.” 88 Stat. 194 (j) In new subsection (f) the first sentence is revised to read as

16 USC 460l–6a.

 follows: “(f) Except as otherwise provided by law or as may be required by lawful contracts entered into prior to September 3, 1964, providing that revenues collected at particular Federal areas shall be credited to specific purposes, all fees which are collected by any Federal agency shall be covered into a special account in the Treasury of the United States to be administered in conjunction with, but separate from, the revenues in the Land and Water Conservation Fund: Provided, That the head of any Federal agency, under such terms and conditions as he deems appropriate, may contract with any public or private entity to provide visitor reservation services; and any such contract may provide that the contractor shall be permitted to deduct a commission to be fixed by the agency head from the amount charged the public for providing such services and to remit the net proceeds therefrom to the contracting agency.”
Sec. 2. Section 6(e) (1) of title I of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), as amended (16 U.S.C. 4601),

16 USC 460l–8.

 is further amended by adding at the end thereof the following:

“Whenever a State provides that the owner of a single-family residence may, at his option, elect to retain a right of use and occupancy for not less than six months from the date of acquisition of such residence and such owner elects to retain such a right, such owner shall be deemed to have waived any benefits under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894) and for the purposes

42 USC 4623‒4626.

of those sections such owner shall not be considered a displaced person as defined in section 101(6) of that Act.”.

42 USC 4601.
Sec. 3. Section 9 of the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), as amended (16 U.S.C. 4601–10a), is further amended by deleting in the first sentence “section 6(a)(1)” and substituting “section 7(a)(1)”.
Approved June 7, 1974.
Public Law 93–304: To authorize appropriations for United States participation in the International Ocean Exposition ’75. Public Law 304 88 Stat. 194 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–304
An Act To authorize appropriations for United States participation in the International Ocean Exposition ’75.

June 8, 1974

[S. 2662]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

International Ocean Exposition Appropriations Authorization Act of 1973.

 be cited as the “International Ocean Exposition Appropriations Authorization Act of 1973”.
Sec. 2. There is authorized to be appropriated for the United States Information Agency for “Special International Exhibitions”, for United States participation in the International Ocean Exposition to be held in Okinawa, Japan, in 1975, as authorized by the Mutual Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451 et seq.), $5,600,000, to remain available until expended: Provided, That the amount authorized to be appropriated herein shall be available without regard to section 3108 of title 5, United States Code.
Approved June 8, 1974.
Public Law 93–305: Making supplemental appropriations for the fiscal year ending June 30, 1974, and for other purposes. Public Law 305 88 Stat. 195 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 195 Public Law 93–305
An Act Making supplemental appropriations for the fiscal year ending June 30, 1974, and for other purposes.

June 8, 1974

[H. R. 14013]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Second Supplemental Appropriations Act, 1974.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the “Second Supplemental Appropriations Act, 1974”) for the fiscal year ending June 30, 1974, and for other purposes, namely:
<num value="I">TITLE I</num> <chapter> <num value="I">CHAPTER I</num> <heading class="centered">DEPARTMENT OF AGRICULTURE</heading> <appropriations level="intermediate"> <heading>Animal and Plant Health Inspection Service</heading> <content>For an additional amount for “Animal and Plant Health Inspection Service”, $3,730,000, of which $100,000 shall be for an evaluation of the effectiveness of the screwworm control program: <proviso><i>Provided</i>, That the Animal and Plant Health Inspection Service is authorized to establish and operate an English language school at Tuxtla Gutierrez, Chiapas, Mexico, or to contract therefor without regard to the provisions of Revised Statutes, section 3648, as amended (31 U.S.C. 529), for children of employees of the Animal and Plant Health Inspection Service engaged in the Mexican-American Screwworm Program</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Food and Nutrition Service</heading> <appropriations level="small"> <heading>child nutrition programs</heading> <content>For an additional amount to carry out the National School Lunch Act, as amended (42 U.S.C. 1751–1761), and the applicable provisions other than section 3 of the Child Nutrition Act of 1966, as amended (42 U.S.C. 1773–1785), $86,500,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>food stamp program</heading> <content>For an additional amount for “Food Stamp Program”, $500,000,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Soil Conservation Service</heading> <appropriations level="small"> <heading>watershed and flood prevention operations</heading> <content>For an additional amount for “Watershed and flood prevention operations” for emergency measures for runoff retardation and soil-erosion prevention, as authorized by section 216 of the Flood Control Act of 1950 (33 U.S.C. 701b–1), and to implement the provisions of section 5 of Public Law 93–251, $23,661,000, to remain available <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 15.</p></sidenote> until expended.</content> </appropriations> </appropriations></chapter> <page identifier="/us/stat/88/196">88 <inline class="smallCaps">Stat</inline>. 196</page> <chapter> <num value="II">CHAPTER II</num> <heading class="centered">DEPARTMENT OF DEFENSE—MILITARY</heading> <appropriations level="intermediate"> <heading>Military Personnel</heading> <appropriations level="small"> <heading>military personnel, army</heading> <content>For an additional amount for “Military personnel, Army”, $40,200,000.</content> </appropriations> <appropriations level="small"> <heading>military personnel, navy</heading> <content>For an additional amount for “Military personnel, Navy”, $16,000,000.</content> </appropriations> <appropriations level="small"> <heading>military personnel, marine corps</heading> <content>For an additional amount for “Military personnel, Marine Corps”, $8,100,000.</content> </appropriations> <appropriations level="small"> <heading>military personnel, air force</heading> <content>For an additional amount for “Military personnel, Air Force”, $50,800,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Retired Military Personnel</heading> <appropriations level="small"> <heading>retired pay, defense</heading> <content>For an additional amount for “Retired pay, Defense”, $468,800,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance</heading> <appropriations level="small"> <heading>operation and maintenance, army</heading> <content>For an additional amount for “Operation and maintenance. Army”, $116,147,000.</content> </appropriations> <appropriations level="small"> <heading>operation and maintenance, navy</heading> <content>For an additional amount for “Operation and maintenance, Navy”, $309,175,000.</content> </appropriations> <appropriations level="small"> <heading>operation and maintenance, marine corps</heading> <content>For an additional amount for “Operation and maintenance, Marine Corps”, $13,400,000.</content> </appropriations> <appropriations level="small"> <heading>operation and maintenance, air force</heading> <content>For an additional amount for “Operation and maintenance, Air Force”, $251,350,000.</content> </appropriations> <appropriations level="small"> <heading>operation and maintenance, defense agencies</heading> <content>For an additional amount for “Operation and maintenance, Defense Agencies”, $830,000.</content> </appropriations> <appropriations level="small"> <heading>operation and maintenance, navy reserve</heading> <content>For an additional amount for “Operation and maintenance, Navy Reserve”, $21,000,000.</content> </appropriations> <page identifier="/us/stat/88/197">88 <inline class="smallCaps">Stat</inline>. 197</page> <appropriations level="small"> <heading>operation and maintenance, marine corps reserve</heading> <content>For an additional amount for “Operation and maintenance, Marine Corps Reserve”, $30,000.</content> </appropriations> <appropriations level="small"> <heading>operation and maintenance, air force reserve</heading> <content>For an additional amount for “Operation and maintenance, Air Force Reserve”, $9,500,000.</content> </appropriations> <appropriations level="small"> <heading>operation and maintenance, army national guard</heading> <content>For an additional amount for “Operation and maintenance, Army National Guard”, $780,000.</content> </appropriations> <appropriations level="small"> <heading>operation and maintenance, air national guard</heading> <content>For an additional amount for “Operation and maintenance, Air National Guard”, $22,300,000: <proviso><i>Provided</i>, That not less than ninety-two flying units shall be maintained during fiscal year 1974</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Procurement</heading> <appropriations level="small"> <heading>aircraft procurement, army</heading> <content>For an additional amount for “Aircraft procurement, Army”, $16,000,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="small"> <heading>missile procurement, army</heading> <content>For an additional amount for “Missile procurement, Army”, $76,600,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="small"> <heading>procurement of weapons and tracked combat vehicles, army</heading> <content>For an additional amount for “Procurement of weapons and tracked combat vehicles, Army”, $71,100,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="small"> <heading>procurement of ammunition, army</heading> <content>For an additional amount for “Procurement of ammunition, Army”, $150,000,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="small"> <heading>other procurement, army</heading> <content>For an additional amount for “Other procurement, Army”, $35,500,000, to remain available for obligation until June 30, 1976. Amounts available under appropriations under this head shall be available for the purchase of not to exceed three hundred and sixty-six buses and ambulances, for replacement only.</content> </appropriations> <appropriations level="small"> <heading>aircraft procurement, navy</heading> <content>For an additional amount for “Aircraft procurement, Navy”, $95,000,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <page identifier="/us/stat/88/198">88 <inline class="smallCaps">Stat</inline>. 198</page> <appropriations level="small"> <heading>shipbuilding and conversion, navy</heading> <content>For an additional amount for “Shipbuilding and Conversion, Navy”, $24,800,000, to remain available for obligation until June 30, 1978.</content> </appropriations> <appropriations level="small"> <heading>other procurement, navy</heading> <content>For an additional amount for “Other procurement, Navy”, $100,800,000, to remain available for obligation until June 30, 1976. Amounts available under appropriations under this head shall be available for the purchase of not to exceed one hundred and five buses, for replacement only.</content> </appropriations> <appropriations level="small"> <heading>procurement, marine corps</heading> <content>For an additional amount for “Procurement, Marine Corps”, $33,800,000, to remain available for obligation until June 30, 1976. Amounts available under appropriations under this head shall be available for the purchase of not to exceed seventeen buses, for replacement only.</content> </appropriations> <appropriations level="small"> <heading>aircraft procurement, air force</heading> <content>For an additional amount for “Aircraft procurement, Air Force”, $107,700,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="small"> <heading>missile procurement, air force</heading> <content>For an additional amount for “Missile Procurement, Air Force”, $11,400,000, to remain available for obligation until June 30, 1976.</content> </appropriations> <appropriations level="small"> <heading>other procurement, air force</heading> <content>For an additional amount for “Other procurement, Air Force”, $82,400,000, to remain available for obligation until June 30, 1976. Amounts available under appropriations under this head shall be available for the purchase of not to exceed two hundred and sixty-one buses and ambulances, for replacement only.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation</heading> <appropriations level="small"> <heading>research, development, test, and evaluation, air force</heading> <content>For an additional amount for “Research, development, test, and evaluation, Air Force”, $5,800,000, to remain available for obligation until June 30, 1975.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="III">CHAPTER III</num> <heading class="centered">DISTRICT OF COLUMBIA</heading> <appropriations level="intermediate"> <heading>District of Columbia Funds</heading> <appropriations level="small"> <heading>general operating expenses</heading> <content>For an additional amount for “General operating expenses”, $5,901,000, of which $1,097,000 shall be available for fiscal year 1973.</content> </appropriations> <page identifier="/us/stat/88/199">88 <inline class="smallCaps">Stat</inline>. 199</page> <appropriations level="small"> <heading>public safety</heading> <content>For an additional amount for “Public safety”, $2,434,000, of which $300,000 shall be available for fiscal year 1972 and $1,000,000 shall be available for fiscal year 1973.</content> </appropriations> <appropriations level="small"> <heading>settlement of claims and suits</heading> <content>For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Commissioner in accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $222,000. <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–902 to 1–906.</p></sidenote></content> </appropriations> <appropriations level="small"> <heading>capital outlay</heading> <content>For an additional amount for “Capital Outlay”, to remain available until expended, $3,577,400, of which $892,000 shall be payable from the water fund.</content> </appropriations> <appropriations level="small"> <heading>division of expenses</heading> <content>The sums appropriated herein for the District of Columbia shall be paid out of the general fund of the District of Columbia, except as otherwise specifically provided.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="IV">CHAPTER IV</num> <heading class="centered">FOREIGN OPERATIONS</heading> <appropriations level="intermediate"> <heading>Funds Appropriated to the President</heading> <appropriations level="small"> <heading>indochina postwar reconstruction assistance</heading> <content>For an additional amount for “Indochina postwar reconstruction assistance,” $49,000,000.</content> </appropriations> <appropriations level="small"> <heading>disaster relief assistance</heading> <content>Public Law 93–240 is amended as follows, at title IV, section entitled Disaster Relief Assistance, by striking “<quotedText>Sahel region</quotedText>” and inserting in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/1055">87 Stat. 1055</ref>.</p></sidenote> lieu thereof the words “<quotedText>drought-stricken nations</quotedText>” and by striking the colon and inserting the words “<quotedText>to remain available until expended:</quotedText>”.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Department of State</heading> <appropriations level="small"> <heading>migration and refugee assistance</heading> <content>For an additional amount to enable the Secretary of State to increase the contribution of the United States to the International Committee of the Red Cross, $250,000: <proviso><i>Provided</i>, That the funds appropriated in this paragraph shall be available only upon enactment into law of authorizing legislation</proviso>.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="V">CHAPTER V</num> <appropriations level="intermediate"> <heading>Veterans Administration</heading> <appropriations level="small"> <heading>compensation and pensions</heading> <content>For an additional amount for “Compensation and pensions”, $137,800,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/200">88 <inline class="smallCaps">Stat</inline>. 200</page> <appropriations level="small"> <heading>medical care</heading> <content>For an additional amount for “Medical care”, $39,535,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Selective Service System</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $2,010,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Funds Appropriated to the President</heading> <subheading>Federal Disaster Assistance Administration</subheading> <appropriations level="small"> <heading>disaster relief</heading> <content>For an additional amount to carry out the functions of the Department of Housing and Urban Development under the Disaster Relief Act of 1970 (Public Law 91–606, as amended, and Reorganization <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4401">42 USC 4401 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s11">5 USC app. 11</ref>.</p></sidenote> Plan No. 1 of 1973), authorizing assistance to States and local governments in major disasters, $32,600,000, to remain available until expended: <proviso><i>Provided</i>, That not to exceed 3 per centum of the foregoing amount shall be available for administrative expenses</proviso>.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="VI">CHAPTER VI</num> <heading class="centered">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Bureau of Land Management</heading> <appropriations level="small"> <heading>management of lands and resources</heading> <content>For an additional amount for “Management of lands and resources”, $19,300,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Sport Fisheries and Wildlife</heading> <appropriations level="small"> <heading>resource management</heading> <content>For an additional amount for “Resource management”, $400,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of Oil and Gas</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $18,000,000: <proviso><i>Provided</i>, That advances, repayments or transfers from appropriations under this head for the current fiscal year may be made to any department or agency for expenses of carrying out fuel allocation activities</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Bureau or Indian Affairs</heading> <appropriations level="small"> <heading>resources management</heading> <content>For an additional amount for “Resources management”, $3,000,000.</content> </appropriations> <appropriations level="small"> <heading>revolving fund for loans</heading> <content>For payment to the revolving fund for loans, for loans as authorized in section 1 of the Act of November 4, 1963, as amended (25 U.S.C. 70n–l), and Public Law 93–37, approved May 24, 1973, $900,000.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/73">87 Stat. 73</ref>.</p></sidenote></content> </appropriations> </appropriations> <page identifier="/us/stat/88/201">88 <inline class="smallCaps">Stat</inline>. 201</page> <appropriations level="intermediate"> <heading>Territorial Affairs</heading> <appropriations level="small"> <heading>trust territory of the pacific islands</heading> <content>For an additional amount for “Trust Territory of the Pacific Islands”, $1,500,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>RELATED AGENCIES</heading> <subheading>DEPARTMENT OF AGRICULTURE</subheading> <appropriations level="intermediate"> <heading>Forest Service</heading> <appropriations level="small"> <heading>forest protection and utilization</heading> <content>For an additional amount for “Forest protection and utilization”, for “Forest land management”, $97,133,000, of which $6,213,000 for insect and disease control shall remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>construction and land acquisition</heading> <content>For an additional amount for “Construction and land acquisition”, $650,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"> <heading>Health Services and Mental Health Administration</heading> <appropriations level="small"> <heading>indian health services</heading> <content>For an additional amount for “Indian Health Services”, $6,591,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of Education</heading> <appropriations level="small"> <heading>indian education</heading> <content>Notwithstanding any regulation of the Office of Education, Department of Health, Education, and Welfare, amounts for part A appropriated under this head in the Department of the Interior and Related Agencies Appropriations Act, 1974, shall remain available for allocation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/444">87 Stat. 444</ref>.</p></sidenote> as provided by law to local educational agencies in Alaska in response to applications received on or before May 30, 1974.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>HISTORICAL AND MEMORIAL COMMISSIONS</heading> <appropriations level="intermediate"> <heading>American Revolution Bicentennial Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $12,375,000, of which not to exceed $1,375,000 shall be for direct annual grants-in-aid as authorized in section 7(a) (1) of Public Law 93–179 and of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/701">87 Stat. 701</ref>.</p></sidenote> which not to exceed $11,000,000 shall be for matching grants-in-aid as authorized in section 7(a) (2) of Public Law 93–179, to remain available until December 31, 1976.</content> </appropriations> </appropriations> </appropriations> </chapter> <page identifier="/us/stat/88/202">88 <inline class="smallCaps">Stat</inline>. 202</page> <chapter> <num value="VII">CHAPTER VII</num> <heading class="centered">DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"> <heading>Manpower Administration</heading> <appropriations level="small"> <heading>program administration</heading> <content>For expenses of administering employment and training programs, $71,762,000; together with not to exceed $26,766,000 which may be expended from the Employment Security Administration account in the Unemployment Trust Fund, and of which $2,830,000 shall be for carrying into effect the provisions of 38 U.S.C. 2001–2003.</content> </appropriations> <appropriations level="small"> <heading>comprehensive manpower assistance</heading> <content>For expenses necessary to carry into effect the Comprehensive<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s801">29 USC 801 note</ref>.</p></sidenote> Employment and Training Act of 1973, and sections 326 and 328 of the Trade Expansion Act of 1962 (19 U.S.C. 1951 and 1961), $2,265,584,000, including $370,000,000 for activities authorized under Title II of said Comprehensive Employment and Training Act and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s841">29 USC 841</ref>.</p></sidenote> $250,000,000 for activities of the type provided in the Emergency Employment Act of 1971 as authorized in Section 3(a) of the Comprehensive Employment and Training Act of 1973, plus reimbursements, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4871">42 USC 4871 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s801">29 USC 801 note</ref>.</p></sidenote> to remain available until June 30, 1975: <proviso><i>Provided</i>, That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construction, alteration, and repair of buildings and other facilities and for the purchase of real property for training centers as authorized by the Comprehensive Employment and Training Act of 1973</proviso>.</content> </appropriations> <appropriations level="small"> <heading>limitation on grants to states for unemployment insurance and employment services</heading> <content>For an additional amount for “Limitation on grants to States for unemployment insurance and employment services”, to remain available until June 30, 1975, $81,000,000 may be expended from the Employment Security Administration account in the Unemployment Trust Fund and which shall be available only to the extent necessary to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from State salary compensation plans embracing employees of the State generally over those upon which the State’s basic grant was based, which cannot be provided for by normal budgetary adjustments.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"> <heading>Health Services and Mental Health Administration</heading> <appropriations level="small"> <heading>health services delivery</heading> <content>To carry out the purposes of title XIII, and, to the extent not otherwise provided, section 301 of the Public Health Service Act,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote> $60,700,000, of which $25,000,000 shall remain available until June 30, 1975 for grants and contracts and $35,000,000 shall remain available until expended for direct loans and loan guarantees, as well as any amounts received by the Secretary in connection with loan guarantees<page identifier="/us/stat/88/203">88 <inline class="smallCaps">Stat</inline>. 203</page> under said title and any other property or assets derived by him from his operations respecting such loans and loan guarantees, including any money derived from the sale of assets: <proviso><i>Provided</i>, That grants from funds available for the purposes of sections 508, 509, and 510 of the Social Security Act may be made for projects under those sections <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s708–710">42 USC 708–710</ref>.</p></sidenote> for any period prior to July 1, 1975:</proviso> <proviso><i>Provided further</i>, That funds previously appropriated for training programs as authorized by the Emergency Medical Services Systems Act of 1973 shall remain available <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300d">42 USC 300d note</ref>.</p></sidenote> until September 30, 1974</proviso>.</content> </appropriations> <appropriations level="small"> <heading>preventive health services</heading> <content>For an additional amount for “Preventive Health Services”, $3,500,000, of which $2,500,000 shall be for carrying out Title I of the Lead-Based Paint Poison Prevention Act of 1974. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4801">42 USC 4801</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of Education</heading> <appropriations level="small"> <heading>elementary and secondary education</heading> <content>For an additional amount for “Elementary and secondary education”, $20,000,000, of which $8,000,000 shall be for grants pursuant to Title VII of the Elementary and Secondary Education Act to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b">20 USC 880b</ref>.</p></sidenote> remain available until December 31, 1974, and $12,000,000 shall be for carrying out section 222(a)(2) of the Economic Opportunity Act of 1964. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2809">42 USC 2809</ref>.</p></sidenote></content> </appropriations> <appropriations level="small"> <heading>higher education</heading> <content>For carrying out section 705(a)(2)(c) of the Higher Education Act without regard to other provisions of said Act, $250,000, to remain <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1132a–4">20 USC 1132a–4</ref>.</p></sidenote> available through June 30, 1975.</content> </appropriations> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $394,000.</content> </appropriations> <appropriations level="small"> <heading>student loan insurance fund</heading> <content>For an additional amount for “Student Loan Insurance Fund”, $30,785,000, to remain available until expended: <proviso><i>Provided</i>, That $2,000,000 of the $269,400,000 appropriated by Public Law 93–25 for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/26">87 Stat. 26</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1071b">20 USC 1071b</ref>.</p></sidenote> title IV, part E of the Higher Education Act of 1965, shall be available until June 30, 1974, for carrying out section 207 of the National Defense Education Act:</proviso> <proviso><i>Provided further</i>, That any amounts appropriated <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s427">20 USC 427</ref>.</p></sidenote>for basic opportunity grants for the fiscal year ending June 30, 1973, in excess of the amounts required to meet the payment schedule announced for the academic year 1973–1974, shall remain available for payments under the payment schedule announced for the academic year 1974–1975:</proviso> <proviso><i>Provided further</i>, That funds appropriated by Public Law 93–192 for grants to States for State student incentives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/756">87 Stat. 756</ref>.</p></sidenote> shall remain available until June 30, 1975, as authorized by section 415A (b)(3) of the Higher Education Act</proviso>. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070c">20 USC 1070c</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Social and Rehabilitation Service</heading> <appropriations level="small"> <heading>grants to states for public assistance</heading> <content>The appropriation for fiscal year 1974 under this heading is hereby reduced in the amount of $1,188,000,000.</content> </appropriations> <page identifier="/us/stat/88/204">88 <inline class="smallCaps">Stat</inline>. 204</page> <appropriations level="small"> <heading>social and rehabilitation services</heading> <content>For an additional amount for “Social and rehabilitation services”, for grants under section 110 of the Rehabilitation Act of 1973 (Public Law 93–112), $21,000,000, of which $1,000,000 to remain available<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s730">29 USC 730</ref>.</p></sidenote> until expended shall be for facilities construction as authorized by section 301.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Social Security Administration</heading> <appropriations level="small"> <heading>special benefits for disabled coal miners</heading> <content>For an additional amount for “Special benefits for disabled coal miners”, $44,311,000: <proviso><i>Provided</i>, That the appointments of administrative law judges for this program shall terminate not later than December 31, 1975</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Special Institutions</heading> <appropriations level="small"> <heading>gallaudet college</heading> <content>For an additional amount for “Gallaudet College”, $438,000.</content> </appropriations> <appropriations level="small"> <heading>howard university</heading> <content>For an additional amount for “Howard University”, $3,362,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of Child Development</heading> <appropriations level="small"> <heading>child development</heading> <content>For an additional amount for “Child Development” for carrying out Child Abuse Prevention and Treatment Act (P.L. 93–247), $4,500,000, to remain available until December 31, 1974.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>departmental management</heading> <content>For an additional amount for “Departmental management” $2,950,000.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Federal Mediation and Conciliation Service</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $170,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of Economic Opportunity</heading> <appropriations level="small"> <heading>economic opportunity program</heading> <content>For an additional amount for “Economic Opportunity Program”, $12,500,000 for the Emergency Food and Medical Services program as authorized by section 222(a) (5) of the Economic Opportunity Act of 1964.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2809">42 USC 2809</ref>.</p></sidenote></content> </appropriations> </appropriations> </appropriations> </chapter> <page identifier="/us/stat/88/205">88 <inline class="smallCaps">Stat</inline>. 205</page> <chapter> <num value="VIII">CHAPTER VIII</num> <heading class="centered">LEGISLATIVE BRANCH</heading> <appropriations level="major"> <heading>SENATE</heading> <appropriations level="intermediate"> <heading>Salaries, Officers and Employees</heading> <appropriations level="small"> <heading>office of the secretary</heading> <content>For an additional amount for “Office of the Secretary”, $13,965: <proviso><i>Provided</i>, That effective May 1, 1974, the Secretary may appoint and fix the compensation of an auditor, Public Records Office, at not to exceed $14,535 per annum; a secretary, Public Records Office, at not to exceed $11,970 per annum; a clerk, Public Records Office, at not to exceed $10,830 per annum; five technical assistants, Public Records Office, at not to exceed $11,685 per annum each in lieu of three technical assistants, Public Records Office, at not to exceed such rate; a messenger, stationery room, at not to exceed $10,545 per annum; four messengers, stationery room, at not to exceed $9,690 per annum each in lieu of three messengers, stationery room, at not to exceed such rate; and the Secretary may fix the per annum compensation of the Assistant Keeper of Stationery at not to exceed $21,660 in lieu of $19,665, and the per annum compensation of the chief clerk, stationery room, at not to exceed $15,390 in lieu of $14,535</proviso>.</content> </appropriations> <appropriations level="small"> <heading>office of sergeant at arms and doorkeeper</heading> <content>For an additional amount for “Office of Sergeant at Arms and Doorkeeper”, $5,890: <proviso><i>Provided</i>, That effective May 1, 1974, the Sergeant at Arms may appoint and fix the compensation of a composer at not to exceed $13,110 per annum and two composer technicians at not to exceed $11,115 per annum each</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Contingent Expenses of the Senate</heading> <appropriations level="small"> <heading>inquiries and investigations</heading> <content>For an additional amount for “Inquiries and Investigations”, $2,000,000.</content> </appropriations> <appropriations level="small"> <heading>miscellaneous items</heading> <content>For an additional amount for “Miscellaneous Items”, $1,205,000.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>HOUSE OF REPRESENTATIVES</heading> <appropriations level="intermediate"> <heading>Payments to Widows and Heirs of Deceased Members of Congress</heading> <content>For payment to the Estate of Charles M. Teague, late a Representative from the State of California, $42,500.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/206">88 <inline class="smallCaps">Stat</inline>. 206</page> <appropriations level="intermediate"> <heading>Contingent Expenses of the House</heading> <appropriations level="small"> <heading>telegraph and telephone</heading> <content>For an additional amount for “Telegraph and telephone”, $1,500,000.</content> </appropriations> <appropriations level="small"> <heading>stationery (revolving fund)</heading> <content>For an additional amount for “Stationery (revolving fund)”, $439,000.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>JOINT ITEMS</heading> <appropriations level="intermediate"> <heading>Joint Committee on Internal Revenue Taxation</heading> <content>For an additional amount for “Joint Committee on Internal Revenue Taxation”, $25,000.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>ARCHITECT OF THE CAPITOL</heading> <appropriations level="intermediate"> <heading>Capitol Buildings and Grounds</heading> <appropriations level="small"> <heading>senate office buildings</heading> <content>For an additional amount for “Senate Office Buildings”, $200,000, to remain available until expended: <i>Provided</i>, That any buildings in Square 724 in the District of Columbia, acquired under authority of Public Law 92–607, occupied by the Senate, shall be subject to the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/1498">86 Stat. 1498</ref>.</p></sidenote> provisions of the Act of June 8, 1942 (40 U.S.C. 174 (c) and (d)) and the Act of July 31, 1946, as amended (40 U.S.C. 193a–193m, 212a, and 212b).</content> </appropriations> <appropriations level="small"> <heading>acquisition of property as a site for parking facilities for the united states senate</heading> <content>The fifth proviso under this head in the Supplemental Appropriations <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s174b–1">40 USC 174b–1 note</ref>.</p></sidenote> Act, 1973 (86 Stat. 1511), is amended by inserting after the words “purposes or” and before the words “to lease” a comma and the following language: “without regard to section 3617 of the Revised Statutes, as amended (31 U.S.C. 484) and section 3709 of the Revised Statutes, as amended (41 U.S.C. 5 and 6a–1),”.</content> </appropriations> <appropriations level="small"> <heading>additional parking facilities for congressional employees</heading> <content>Not to exceed $25,000 of the appropriation provided under this head<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s175">40 USC 175 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/1079">87 Stat. 1079</ref>.</p></sidenote> in the Supplemental Appropriations Act, 1974 is hereby made available for expenditure by the Architect of the Capitol, under the direction of the Select Committee on Parking of the House of Representatives created and appointed under authority of House Resolution 145, Ninety-third Congress, agreed to February 7, 1973, for the employment of consultants, by contract or otherwise, without regard to section 3709 of the Revised Statutes, as amended, to make a detailed study of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t41/s5">41 USC 5</ref>.</p></sidenote> the House garages located in the Rayburn and Cannon House Office Buildings and in Squares 637 and 691 to determine the feasibility of providing additional parking within such garages and the means by which such additional parking can be effectively so provided.</content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/88/207">88 <inline class="smallCaps">Stat</inline>. 207</page> <appropriations level="major"> <heading>LIBRARY OF CONGRESS</heading> <appropriations level="intermediate"> <heading>Salaries and Expenses</heading> <content>For an additional amount for “Salaries and expenses, Library of Congress”, $184,800.</content> </appropriations> <appropriations level="intermediate"> <heading>Copyright Office</heading> <content>For an additional amount for “Salaries and expenses, Copyright Office”, $24,700.</content> </appropriations> <appropriations level="intermediate"> <heading>Distribution of Catalog Cards</heading> <content>For an additional amount for “Salaries and expenses, distribution of catalog cards”, $259,900.</content> </appropriations> <appropriations level="intermediate"> <heading>Books for the Blind and Physically Handicapped</heading> <content>For an additional amount for “Salaries and expenses, books for the blind and physically handicapped”, $40,600.</content> </appropriations> <appropriations level="intermediate"> <heading>Administrative Provision</heading> <content>Funds available to the Library of Congress may be expended to provide additional parking facilities for Library of Congress employees in an area or areas in the District of Columbia outside the limits of the Library of Congress grounds, and to provide for transportation of such employees to and from such area or areas and the Library of Congress grounds without regard to the limitations imposed by 31 U.S.C. 638a(c)(2).</content> </appropriations> </appropriations> </chapter> <chapter> <num value="IX">CHAPTER IX</num> <heading class="centered">DEPARTMENT OF DEFENSE—CIVIL</heading> <appropriations level="intermediate"> <heading>Department of the Army</heading> <subheading>Corps of Engineers—Civil</subheading> <appropriations level="small"> <heading>flood control, mississippi river and tributaries</heading> <content>For an additional amount for “Flood Control, Mississippi River and Tributaries”, $100,000,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Bureau of Reclamation</heading> <appropriations level="small"> <heading>operation and maintenance</heading> <content>For an additional amount for “Operation and maintenance”, $7,000,000, to be derived from the reclamation fund.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="X">CHAPTER X</num> <heading class="centered">DEPARTMENT OF STATE</heading> <appropriations level="intermediate"> <heading>Administration of Foreign Affairs</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $6,250,000; <proviso><i>Provided</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation</proviso>.</content> </appropriations> <page identifier="/us/stat/88/208">88 <inline class="smallCaps">Stat</inline>. 208</page> <appropriations level="small"> <heading>acquisition, operation, and maintenance of buildings abroad</heading> <content>For an additional amount for “Acquisition, operation, and maintenance of buildings abroad”, $1,000,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation</proviso>.</content> </appropriations> <appropriations level="small"> <heading>acquisition, operation, and maintenance of buildings abroad</heading> <subheading>(special foreign currency program)</subheading> <content>For an additional amount for “Acquisition, operation, and maintenance of buildings abroad (special foreign currency program)”, $324,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation</proviso>.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Payment to Foreign Service Retirement and Disability Fund</heading> <content>For an additional amount for “Payment to Foreign Service retirement and disability fund”, $17,563,000: <proviso><i>Provided</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>International Organizations and Conferences</heading> <appropriations level="small"> <heading>contributions to international organizations</heading> <content>For an additional amount for “Contributions to international organizations”, $1,200,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Educational Exchange</heading> <appropriations level="small"> <heading>center for cultural and technical interchange between east and west</heading> <content>For an additional amount for “Center for Cultural and Technical Interchange Between East and West”, $225,000.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF JUSTICE</heading> <appropriations level="intermediate"> <heading>Legal Activities and General Administration</heading> <appropriations level="small"> <heading>salaries and expenses, antitrust division</heading> <content>For an additional amount for “Salaries and Expenses, Antitrust Division”, $761,000.</content> </appropriations> <appropriations level="small"> <heading>fees and expenses of witnesses</heading> <content>For an additional amount for “Fees and Expenses of Witnesses”, $600,000, including not to exceed $150,000 for compensation and expenses of expert witnesses.</content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/88/209">88 <inline class="smallCaps">Stat</inline>. 209</page> <appropriations level="major"> <heading>DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"> <heading>General Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $75,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Regional Action Planning Commissions</heading> <appropriations level="small"> <heading>regional development programs</heading> <content>The amount made available in the appropriation under this head in the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1974 shall remain available <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/646">87 Stat. 646</ref>.</p></sidenote> until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Oceanic and Atmospheric Administration</heading> <appropriations level="small"> <heading>administration of pribilof islands</heading> <content>For an additional amount for “Administration of Pribilof Islands”, $330,000.</content> </appropriations> <appropriations level="small"> <heading>fishermen’s guaranty fund</heading> <content>For an additional amount for “Fishermen’s guaranty fund”, $40,000, to remain available until expended.</content> </appropriations> <appropriations level="small"> <heading>offshore shrimp fisheries fund</heading> <content>For expenses necessary to carry out the provisions of the Offshore Shrimp Fisheries Act of 1973 (Public Law 93–242), $325,000, to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t16/s1100b">16 USC 1100b note</ref>.</p></sidenote> remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Maritime Administration</heading> <appropriations level="small"> <heading>operating-differential subsidies (liquidation op contract authority)</heading> <content>For an additional amount for “Operating-differential subsidies (Liquidation of contract authority)”, $23,000,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available only upon the enactment into law of authorizing legislation</proviso>.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>THE JUDICIARY</heading> <appropriations level="intermediate"> <heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <appropriations level="small"> <heading>representation by court-appointed counsel and operation of defender organizations</heading> <content>For an additional amount for “Representation by Court-Appointed Counsel and Operation of Defender Organizations”, to be available for the compensation and reimbursement of expenses of attorneys appointed by judges of the District of Columbia Court of Appeals or by judges of the Superior Court of the District of Columbia, $2,000,000, of which not to exceed $800,000 shall be available for the liquidation of obligations incurred in the prior year.</content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/88/210">88 <inline class="smallCaps">Stat</inline>. 210</page> <appropriations level="major"> <heading>RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Department of the Treasury</heading> <subheading>Bureau of Accounts</subheading> <appropriations level="small"> <heading>fishermen’s protective fund</heading> <content>For payment to the “Fishermen’s Protective Fund”, in accordance with section 5 of Public Law 92–569 approved October 26, 1972,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1979">22 USC 1979</ref>.</p></sidenote> $1,000,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>International Radio Broadcasting</heading> <appropriations level="small"> <heading>international radio broadcasting activities</heading> <content>For an additional amount for “International radio broadcasting activities”, $4,500,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Small Business Administration</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $5,000,000, to be transferred from the “Disaster loan fund”.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>United States Information Agency</heading> <appropriations level="small"> <heading>special international exhibitions</heading> <content>For an additional amount for “Special International Exhibitions”, $6,300,000, to remain available until expended: <proviso><i>Provided</i>, That not more than $5,600,000 of the amount appropriated herein shall be used for United States participation in the International Ocean Exposition to be held in Okinawa, Japan in 1975, including not to exceed $10,000 for representation abroad:</proviso> <proviso><i>Provided further</i>, That not less than $2,500,000 of the amount appropriated for United States participation in the International Ocean Exposition shall be paid in Japanese yen accrued under the Settlement on Post War Economic Assistance between the United States and Japan, dated January 9, 1962:</proviso> <proviso><i>Provided <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t13/s1957">13 UST 1957</ref>.</p></sidenote> further</i>, That this appropriation shall be available only upon enactment into law of appropriate authorizing legislation</proviso>.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="XI">CHAPTER XI</num> <heading class="centered">DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $7,000,000, to remain available until June 30, 1975.</content> </appropriations> <appropriations level="small"> <heading>interim operating assistance</heading> <content>For an additional amount for “Interim operating assistance”, $39,800,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/211">88 <inline class="smallCaps">Stat</inline>. 211</page> <appropriations level="small"> <heading>transportation planning, research, and development</heading> <content>For an additional amount for “Transportation planning, research, and development”, $3,000,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Coast Guard</heading> <appropriations level="small"> <heading>retired pay</heading> <content>For an additional amount for “Retired pay”, $5,750,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Highway Administration</heading> <appropriations level="small"> <heading>inter-american highway</heading> <content>For expenses necessary to carry out the provisions of title 23 of the United States Code, as amended (sec. 212), $56,000.</content> </appropriations> <appropriations level="small"> <heading>railroad-highway crossings demonstration projects</heading> <content>For an additional amount for railroad-highway crossings demonstration projects, to remain available until expended, $2,218,000, to be derived by transfer from amounts available for obligation under Sections 203 and 230 of the Highway Safety Act of 1973. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t23/s130/405">23 USC 130 note, 405</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>National Highway Traffic Safety Administration</heading> <appropriations level="small"> <heading>traffic and highway safety</heading> <content>For an additional amount for “Traffic and highway safety”, $800,000, which shall be derived from the Highway Trust Fund, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Railroad Administration</heading> <appropriations level="small"> <heading>railroad research</heading> <content>For an additional amount for “Railroad research”, $1,000,000, to remain available until expended and to be derived by transfer from the appropriation “Emergency Rail Facilities Restoration.”</content> </appropriations> <appropriations level="small"> <heading>high speed ground transportation research and development</heading> <content>For an additional amount for “High speed ground transportation research and development”, $5,000,000, to remain available until expended and to be derived by transfer from the appropriation “Emergency Rail Facilities Restoration.”</content> </appropriations> <appropriations level="small"> <heading>grants to the national railroad passenger corporation</heading> <content>For an additional amount for “Grants to the National Railroad Passenger Corporation”, $47,000,000, to remain available until expended, of which $2,000,000 is provided only for the initiation of a new service as set forth in section 403 of Public Law 91–518, as amended. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t45/s563">45 USC 563</ref>.</p></sidenote></content> </appropriations> </appropriations> <page identifier="/us/stat/88/212">88 <inline class="smallCaps">Stat</inline>. 212</page> <appropriations level="major"> <heading>RELATED AGENCIES</heading> <appropriations level="intermediate"> <heading>Civil Aeronautics Board</heading> <appropriations level="small"> <heading>payments to air carriers</heading> <content>For an additional amount for “Payments to Air Carriers”, $6,834,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Interstate Commerce Commission</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $3,500,000, of which $3,400,000 shall remain available until June 30, 1975, for necessary expenses of the Rail Services Planning Office to carry out the powers and duties authorized by the Regional Rail Reorganization Act of 1973.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t45/s701">45 USC 701 note</ref>.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>United States Railway Association</heading> <appropriations level="small"> <heading>administrative expenses</heading> <content>For an additional amount for “Administrative expenses”, $12,000,000, to remain available until June 30, 1975.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Washington Metropolitan Area Transit Authority</heading> <appropriations level="small"> <heading>federal contribution</heading> <content>For an additional amount for “Federal contribution”, to enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority, $13,600,000, to remain available until expended, for the design, construction, procurement, and installation of elevators for the handicapped in all stations of a rapid rail transit system as authorized by the Federal-Aid Highway Act of 1973 (Public Law 93–87 approved August 13, 1973).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101 note</ref>.</p></sidenote></content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="XII">CHAPTER XII</num> <heading class="centered">DEPARTMENT OF THE TREASURY</heading> <appropriations level="intermediate"> <heading>Bureau of Accounts</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, $10,778,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Bureau of the Public Debt</heading> <appropriations level="small"> <heading>administering the public debt</heading> <content>For an additional amount for “Administering the public debt”, $2,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Internal Revenue Service</heading> <appropriations level="small"> <heading>accounts, collection and taxpayer service</heading> <content>For an additional amount for “Accounts, collection and taxpayer service”, $17,000,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/213">88 <inline class="smallCaps">Stat</inline>. 213</page> <appropriations level="intermediate"> <heading>United States Secret Service</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For an additional amount for “Salaries and expenses”, including purchase of an additional eleven passenger motor vehicles for police-type use, $2,700,000: <proviso><i>Provided</i>, That funds appropriated to the United States Secret Service shall be available to provide protection to the immediate family of the Vice President of the United States</proviso>.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>POSTAL SERVICE</heading> <appropriations level="intermediate"> <heading>Payment to the Postal Service Fund</heading> <content>For an additional amount for “Payment to the Postal Service Fund”, $220,000,000.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"> <heading>Civil Service Commission</heading> <appropriations level="small"> <heading>government payment for annuitants, employees health benefits</heading> <content>For an additional amount for “Government payment for annuitants, employees health benefits”, $38,000,000.</content> </appropriations> <appropriations level="small"> <heading>payment to civil service retirement and disability fund</heading> <content>For an additional amount for “Payment to Civil Service Retirement and Disability Fund”, $292,000,000.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="XIII">CHAPTER XIII</num> <heading class="centered">CLAIMS AND JUDGMENTS</heading> <appropriations level="small"> <heading>claims and judgments</heading> <content>For payment of claims settled and determined by departments and agencies in accord with lav7 and judgments rendered against the United States by the United States Court of Claims and United States district courts, as set forth in House Document Numbered 237, Ninety-third Congress, $20,977,448, together with such amounts as may be necessary to pay interest (as and when specified in such judgments or provided by law) and such additional sums due to increases in rates of exchange as may be necessary to pay claims in foreign currency: <proviso><i>Provided</i>, That no judgment herein appropriated for shall be paid until it shall become final and conclusive against the United States by failure of the parties to appeal or otherwise:</proviso> <proviso><i>Provided further</i>, That unless otherwise specifically required by law or by judgment, payment of interest wherever appropriated for herein shall not continue for more than thirty days after the date of approval of the Act</proviso>.</content> </appropriations> </chapter> <num value="II">TITLE II</num> <heading class="inline">INCREASED PAY COSTS</heading> <section> <chapeau class="firstIndent1 fontsize10">For additional amounts for appropriations for the fiscal year 1974, for increased pay costs authorized by or pursuant to law, as follows:</chapeau> <page identifier="/us/stat/88/214">88 <inline class="smallCaps">Stat</inline>. 214</page> <appropriations level="major"> <heading>LEGISLATIVE BRANCH</heading> <appropriations level="intermediate"> <heading>Senate</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries, officers and employees”, $1,000,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Legislative Counsel of the Senate”, $21,365;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>contingent expenses of the senate</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Senate policy committees”, $45,330;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Inquiries and investigations”, $1,067,975;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Folding documents”, $6,635;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Miscellaneous items”, $1,545;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>House of Representatives</heading> <appropriations level="small"> <heading>salaries, officers and employees</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Speaker”, $18,920:</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Parliamentarian”, $12,275;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Compilation of precedents of House of Representatives”, $1,680;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Clerk”, $274,910;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Sergeant at Arms”, $387,965;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Doorkeeper”, $64,930;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Postmaster”, $53,360;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Committee employees”, $100,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Special and minority employees;</listContent> <list> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Six minority employees”, $5,620;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“House Democratic Steering Committee”, $1,515;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“House Republican Conference”, $1,515;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Office of the majority floor leader”, $10,225;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Office of the minority floor leader”, $8,740;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Office of the majority whip”, $7,230;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Office of the minority whip”, $7,230:</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Two printing clerks, majority and minority caucus rooms”, $2,175;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Technical assistant, Office of the Attending Physician”, $1,960;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Official reporters of debates”, $15,165;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Official reporters to committees”, $15,755;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Committee on Appropriations (investigations)”, $12,865;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Office of the Legislative Counsel”, $37,825;</listContent> </listItem> </list> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="small"> <heading>members’ clerk hire</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0"/> <list> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Members’ clerk hire”, $4,715,500;</listContent> </listItem> </list> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>contingent expenses of the house</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0"/> <list> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Government contributions”, $487,460;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">“Special and select committees”, $744,990;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">Leadership automobiles:</listContent> <list> <listItem> <listContent class="indent3 firstIndent1 fontsize10 depth2">“Speaker’s automobile”, $1,395;</listContent> </listItem> <listItem> <listContent class="indent3 firstIndent1 fontsize10 depth2">“Majority leader’s automobile”, $1,395;</listContent> </listItem> <listItem> <listContent class="indent3 firstIndent1 fontsize10 depth2">“Minority leader’s automobile”, $1,395;</listContent> </listItem> </list> </listItem> </list> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Joint Items</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Joint Committee on Reduction of Federal Expenditures”, $6,360, to remain available during the existence of the committee;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Joint Economic Committee”, $57,390;<page identifier="/us/stat/88/215">88 <inline class="smallCaps">Stat</inline>. 215</page></listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Joint Economic Committee—Subcommittee on Fiscal Policy”, $15,505;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Joint Committee on Printing”, $19,080;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Joint Committee on Internal Revenue Taxation”, $58,460;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Joint Committee on Defense Production”, $12,125;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Joint Committee on Congressional Operations”, $43,290;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Capitol Guide Service”, $23,540;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Architect of the Capitol</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Office of the Architect of the Capitol: “Salaries”, $62,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Capitol buildings”, $110,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Capitol grounds”, $24,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Senate office buildings”, $281,500;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Senate garage”, $2,800;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“House office buildings”, $371,600;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Capitol power plant”, $15,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Library buildings and grounds: Structural and mechanical care”, $37,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Botanic Garden</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $24,500;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Library of Congress</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $2,660,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Copyright Office: “Salaries and expenses”, $269,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Congressional Research Service: “Salaries and expenses”, $464,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Distribution of catalog cards: “Salaries and expenses”, $483,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Books for the blind and physically handicapped: “Salaries and expenses”, $49,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Revision of annotated Constitution: “Salaries and expenses”, $2,900, to remain available until expended;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Revision of Hinds’ and Cannon’s Precedents: “Salaries and expenses”, $11,400;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Government Printing Office</heading> <appropriations level="small"> <heading>office of superintendent of documents</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $400,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Accounting Office</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $5,600,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>United States Tax Court</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $58,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>THE JUDICIARY</heading> <appropriations level="intermediate"> <heading>Supreme Court of the United States</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries”, $190,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Automobile for the Chief Justice”, $1,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Care of the building and grounds”, $16,300;</listContent> </listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/216">88 <inline class="smallCaps">Stat</inline>. 216</page> <appropriations level="intermediate"> <heading>Customs Court</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $83,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Court of Claims</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $40,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Courts of Appeals, District Courts, and Other Judicial Services</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries of supporting personnel”, $6,550,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Representation by court-appointed counsel and operation of defender organizations”, $175,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Administrative Office of the United States Courts”, $302,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Expenses of referees”, $640,000, to be derived from the Referees’ salary and expense fund established in pursuance of said Act, and, to the extent of any deficiency in said fund, from any moneys in the Treasury not otherwise appropriated;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Federal Judicial Center</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $73,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="major"> <heading>EXECUTIVE OFFICE OF THE PRESIDENT</heading> <appropriations level="intermediate"> <heading>The White House Office</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $650,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Executive Residence</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses”, $63,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Special Assistance to the President</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Special assistance to the President”, $17,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Council of Economic Advisers</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $38,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Council on International Economic Policy</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $26,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of Management and Budget</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $900,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of Telecommunications Policy</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $56,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Special Representative for Trade Negotiations</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $19,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/88/217">88 <inline class="smallCaps">Stat</inline>. 217</page> <appropriations level="major"> <heading>FUNDS APPROPRIATED TO THE PRESIDENT</heading> <appropriations level="intermediate"> <heading>Economic Stabilization Activities</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $3,395,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Foreign Assistance</heading> <appropriations level="small"> <heading>economic assistance</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Administrative and other expenses”, $119,000, to be derived by transfer from other appropriations under the heading Economic assistance, fiscal year 1974;</listContent> </listItem> </list> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF AGRICULTURE</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Secretary”, $683,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Inspector General”, $989,000, and in addition, $284,000 shall be derived by transfer from the appropriation, “Food stamp program” and merged with this appropriation;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the General Counsel”, $572,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of Management Services”, $308,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Agricultural Research Service”, $12,353,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Animal and Plant Health Inspection Service”, $17,651,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Cooperative State Research Service”, $148,000, to be derived by transfer from the appropriation "Salaries and expenses". Agricultural Stabilization and Conservation Service, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Extension Service”, for “Federal administration and coordination”, $308,000, to be derived by transfer from “payments for the nutrition and family education program for low-income areas under section 3(d) of the (Smith-Lever) Act”;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“National Agricultural Library”, $242,000, to be derived by transfer from the appropriation for the “Cropland adjustment program”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Statistical Reporting Service”, $1,357,000, to be derived by transfer from the appropriation for the “Cropland adjustment program”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Economic Research Service”, $1,307,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Commodity Exchange Authority”, $214,000, to be derived by transfer from the appropriation, “Salaries and expenses”, Agricultural Stabilization and Conservation Service, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Packers and Stockyards Administration”, $276,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Farmer Cooperative Service”, $141,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Foreign Agricultural Service”, $881,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Federal Crop Insurance Corporation: “Administrative and operating expenses”, $1,008,000, which may be paid from premium income;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Rural Development Service”, $28,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Rural Electrification Administration: “Salaries and expenses”, $769,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Farmers Home Administration: “Salaries and expenses”, $8,350,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Soil Conservation Service: “Conservation operations”, $5,457,000, to remain available until expended;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Agricultural Marketing Service: “Marketing services”, $2,222,000, to be derived by transfer from the appropriation “Salaries and expenses”, Agricultural Stabilization and Conservation Service, fiscal year 1974;<page identifier="/us/stat/88/218">88 <inline class="smallCaps">Stat</inline>. 218</page></listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Funds for strengthening markets, income, and supply (section 32)” (increase of $232,000 in the limitation on marketing agreements and orders);</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Forest Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Forest protection and utilization”, for “forest land management”, $13,400,000, of which $55,000 for cooperative law enforcement shall remain available until expended; “Forest research”, $3,400,000; and “State and private forestry cooperation”, $262,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Forest roads and trails (Liquidation of contract authority)”, $5,500,000, to remain available until expended:</listContent> </listItem> </list> </content> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"> <heading>General Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $550,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Administration of economic development assistance programs”, $1,100,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Social and Economic Statistics Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $2,700,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Periodic censuses and programs”, $1,300,000, to remain available until expended;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Domestic and International Business Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $2,600,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Foreign Direct Investment Regulation</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $100,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Minority Business Enterprise</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Minority business development”, $450,000, to remain available until expended;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>United States Travel Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $100,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Oceanic and Atmospheric Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operations, research, and facilities”, $17,250,000, to remain available until expended, of which $2,178,000 shall be derived by transfer from funds appropriated to support the vessel construction and subsidy program;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Administration of Pribilof Islands”, $155,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Science and Technology</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Scientific and technical research and services”, $7,350,000, to remain available until expended;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Maritime Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operations and training”, $1,800,000, to remain available until expended;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/88/219">88 <inline class="smallCaps">Stat</inline>. 219</page> <appropriations level="major"> <heading>DEPARTMENT OF DEFENSE—MILITARY</heading> <appropriations level="intermediate"> <heading>Military Personnel</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Military personnel, Army”, $585,850,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Military personnel, Navy”, $308,650,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Military personnel, Marine Corps”, $113,834,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Military personnel, Air Force”, $564,950,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Reserve personnel, Army”, $23,092,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Reserve personnel, Navy”, $11,197,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Reserve personnel, Marine Corps”, $1,527,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Reserve personnel, Air Force”, $6,885,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“National Guard personnel, Army”, $69,600,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“National Guard personnel, Air Force”, $7,583,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Operation and Maintenance</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Army”, $260,400,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Navy”, $191,000,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Marine Corps”, $13,500,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Air Force”, $155,000,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Defense Agencies”, $88,000,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Army Reserve”, $10,200,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Navy Reserve”, $3,300,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Marine Corps Reserve”, $48,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Air Force Reserve”, $7,700,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Army National Guard”, $20,800,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, Air National Guard”, $16,375,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“National Board for the Promotion of Rifle Practice, Army”, $10,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Court of Military Appeals, Defense”, $50,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Research, Development, Test, and Evaluation</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Research, development, test, and evaluation, Army”, $26,914,000, to remain available for obligation until June 30, 1975;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Research, development, test, and evaluation, Navy”, $28,885,000, to remain available for obligation until June 30, 1975;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Research, development, test, and evaluation, Air Force”, $22,093,000, to remain available for obligation until June 30, 1975;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Research, development, test, and evaluation. Defense agencies”, $3,761,000, to remain available for obligation until June 30, 1975;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Family Housing</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Family housing, Defense”, $3,866,000 (and an increase of $3,866,000 in the limitation on Department of Defense, operation, maintenance);</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF DEFENSE—CIVIL</heading> <appropriations level="intermediate"> <heading>Department of the Army</heading> <subheading>Corps of Engineers—Civil</subheading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“General expenses”, $2,200,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Soldiers’ and Airmen’s Home</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance”, $516,000;</listContent> </listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/220">88 <inline class="smallCaps">Stat</inline>. 220</page> <appropriations level="intermediate"> <heading>The Panama Canal</heading> <appropriations level="small"> <heading>canal zone government</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses”, $1,000,000.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="small"> <heading>panama canal company</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Limitation on general and administrative expenses” (increase of $1,294,000 in the limitation on general and administrative expenses);</listContent> </listItem> </list> </content> </appropriations> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE</heading> <appropriations level="intermediate"> <heading>Food and Drug Administration</heading> <content>“Salaries and expenses”, $5,370,000, to be derived by transfer from the appropriation for “Health manpower”, fiscal year 1974;</content> </appropriations> <appropriations level="intermediate"> <heading>Health Services and Mental Health Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Saint Elizabeths Hospital”, $3,784,000, to be derived by transfer from the appropriation for “Mental health”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Health services delivery”, $2,470,000, to be derived by transfer from the appropriation for “Health services planning and development”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Preventive health services”, $1,789,000, to be derived by transfer from the appropriation for “Health services planning and development”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“National health statistics”, $1,024,000, to be derived by transfer from the appropriation for “Health services planning and development”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Administrator”, $945,000, to be derived by transfer from the appropriation for “Health services planning and development”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Indian health services”, $9,410,000, to be derived by transfer from the appropriation for “Mental health”, fiscal year 1974;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Institutes of Health</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“National Library of Medicine”, $458,000 to be derived by transfer from the appropriation for “Research resources”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Director”, $903,000, to be derived by transfer from the appropriation for “Research resources”, fiscal year 1974;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of the Assistant Secretary for Education</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, Assistant Secretary for Education”, $124,000, to be derived by transfer from the appropriation for “Library resources”, fiscal year 1974;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of Education</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,500,000, to be derived by transfer from the appropriation for “Library resources”, fiscal year 1974;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Institute of Education</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“National Institute of Education”, $700,000, to be derived by transfer from the appropriation for “Library resources”, fiscal year 1974;</listContent> </listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/221">88 <inline class="smallCaps">Stat</inline>. 221</page> <appropriations level="intermediate"> <heading>Social Security Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Special benefits for disabled coal miners”, $1,746,000, to be derived by transfer from the appropriation for “Elementary and secondary education”, fiscal year 1974;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office for Civil Rights”, $1,302,000, to be derived by transfer from the appropriation for “Child development”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of Consumer Affairs”, $82,000, to be derived by transfer from the appropriation for “Child development”, fiscal year 1974;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Departmental management”, $5,096,000, to be derived by transfer from the appropriation for “Child development”, fiscal year 1974;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</heading> <appropriations level="intermediate"> <heading>Housing Production and Mortgage Credit</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses. Housing production and mortgage credit programs”, $126,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Limitation on administrative and nonadministrative expenses, Federal Housing Administration” (increase of $365,000 in the limitation on administrative expenses and increase of $945,000 in the limitation on nonadministrative expenses);</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Limitation on administrative expenses, Government National Mortgage Association” (increase of $22,000 in the limitation on administrative expenses);</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Housing Management</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses. Housing management programs”, $621,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Community Planning and Management</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, Community planning and management programs”, $225,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Community Development</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses. Community development programs”, $591,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Research and Technology</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Research and technology” (increase of $109,000 in the limitation on administrative expenses);</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Fair Housing and Equal Opportunity</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Fair housing and equal opportunity”, $231,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Departmental Management</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“General departmental management”, $119,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, Office of general counsel”, $87,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, Office of inspector general”, $174,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Administration and staff services”, $190,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Regional management and services”, $444,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/88/222">88 <inline class="smallCaps">Stat</inline>. 222</page> <appropriations level="major"> <heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Bureau of Land Management</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Management of lands and resources”, $6,000,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Indian Affairs</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Education and welfare services”, $10,400,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Resources management”, $4,500,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“General administrative expenses”, $360,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Outdoor Recreation</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $300,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Land and water conservation” (increase of $350,000 in the limitation on administrative expenses):</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Geological Survey</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Surveys, investigations, and research”, $9,600,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Mines</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Mines and minerals”, $6,746,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Sport Fisheries and Wildlife</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Resource management”, $5,250,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Park Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation of the National Park System”, $10,700,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Preservation of historic properties”, $283,000, to remain available until expended;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of Water Resources Research</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $80,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Reclamation</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“General administrative expenses”, $1,200,000, to be derived from the reclamation fund;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bonneville Power Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance”, $1,833,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Southwestern Power Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance”, $67,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of the Solicitor</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $590,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,070,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Departmental operations”, $340,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/88/223">88 <inline class="smallCaps">Stat</inline>. 223</page> <appropriations level="major"> <heading>DEPARTMENT OF JUSTICE</heading> <appropriations level="intermediate"> <heading>Legal Activities and General Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, general administration”, $900,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, general legal activities”, $3,250,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, Antitrust Division”, $1,010,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, United States attorneys and marshals”, $6,650,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, Community Relations Service”, $233,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Bureau of Investigation</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $25,788,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Immigration and Naturalization Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $10,406,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Prison System</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, Bureau of Prisons”, $8,103,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Prison Industries, Incorporated</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Limitation on administrative and vocational training expenses, Federal Prison Industries, Incorporated” (increase of $79,000 in the limitation on administrative expenses and of $350,000 in the limitation on vocational training expenses);</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Drug Enforcement Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $5,434,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF LABOR</heading> <appropriations level="intermediate"> <heading>Labor-Management Services Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $898,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Employment Standards Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $2,218,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Labor Statistics</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,235,000, of which $444,000 shall be available, in addition to the amount heretofore made available, for expenses of revising the Consumer Price Index;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Departmental Management</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,249,000, of which $24,000 shall be available, in addition to the amount heretofore made available, for the President’s Committee on Employment of the Handicapped.</listContent> </listItem> </list> </content> </appropriations> </appropriations> <page identifier="/us/stat/88/224">88 <inline class="smallCaps">Stat</inline>. 224</page> <appropriations level="major"> <heading>DEPARTMENT OF STATE</heading> <appropriations level="intermediate"> <heading>Administration of Foreign Affairs</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $13,130,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Acquisition, operation, and maintenance of buildings abroad”, $185,000, to remain available until expended;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>International Organizations and Conferences</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Missions to international organizations”, $226,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“International trade negotiations”, $44,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>International Commissions</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">International Boundary and Water Commission, United States and Mexico: ”Salaries and expenses”, $311,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“American sections, international commissions”, $53,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“International fisheries commissions”, $58,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Educational Exchange</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Mutual educational and cultural exchange activities”, $787,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Other</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Migration and refugee assistance”, $25,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"> <heading>Coast Guard</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses”, $39,500,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Reserve training”, $1,770,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Aviation Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operations”, $82,000,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operation and maintenance, National Capital Airports”, $342,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Highway Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $300,000 and in addition, not to exceed $5,000,000 shall be transferred from the appropriation for “Federal-aid highways (liquidation of contract authorization) (Trust fund)”;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Highway Traffic Safety Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Traffic and highway safety”, $1,000,000, to be derived by transfer from the appropriation “Emergency Rail Facilities Restoration”;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Railroad Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Office of the Administrator, salaries and expenses”, $200,000, to be derived by transfer from the appropriation “Emergency Rail Facilities Restoration”;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Railroad Safety”, $448,000, of which $111,000 is to be derived by transfer from the appropriation “Emergency Rail Facilities Restoration”;</listContent> </listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/225">88 <inline class="smallCaps">Stat</inline>. 225</page> <appropriations level="intermediate"> <heading>Saint Lawrence Seaway Development Corporation</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Limitation on administrative expenses, Saint Lawrence Seaway Development Corporation”, (increase of $26,000 in the limitation on administrative expenses);</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Transportation Safety Board</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $280,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF THE TREASURY</heading> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $950,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Law Enforcement Training Center</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $50,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Accounts</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,300,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Alcohol, Tobacco, and Firearms</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $5,448,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Customs</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $15,500,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of the Mint</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,915,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of the Public Debt</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Administering the public debt”, $1,880,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Internal Revenue Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $2,400,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Accounts, collection and taxpayer service”, $36,000,000, including $5,240,000 for temporary employment in addition to that heretofore authorized;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Compliance”, $44,000,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of the Treasurer</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $800,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>United States Secret Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $3,350,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>ATOMIC ENERGY COMMISSION</heading> <content>“Operating expenses”, $11,200,000, to remain available until expended;</content> </appropriations> <page identifier="/us/stat/88/226">88 <inline class="smallCaps">Stat</inline>. 226</page> <appropriations level="major"> <heading>ENVIRONMENTAL PROTECTION AGENCY</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Research and development”, $1,200,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Abatement and control”, $2,300,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Enforcement”, $1,000,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Agency and regional management”, $1,100,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="major"> <heading>GENERAL SERVICES ADMINISTRATION</heading> <appropriations level="intermediate"> <heading>Public Building Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses”, $11,250,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Supply Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses”, $5,950,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Archives and Record Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses”, $850,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Records declassification”, $85,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Automated Data and Telecommunciations Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses”, $500,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Property Management and Disposal Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses”, $1,700,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Office of the Administrator</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $200,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Consumer Information Center”, $30,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Indian tribal claims”, $90,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Administrative Operations Fund”, In addition to the amount available for obligation in this account, $2,957,000 shall also be available for such obligation;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Emergency Preparedness</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $250,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Defense mobilization functions of Federal agencies”, $260,000;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</heading> <content>“Research and program management”, $37,600,000;</content> </appropriations> <appropriations level="major"> <heading>VETERANS ADMINISTRATION</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Medical care”, $143,377,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Medical administration and miscellaneous operating expenses”, $1,463,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“General operating expenses”, $21,623,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Construction, minor projects”, $315,000, to remain available until expended;</listContent> </listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/227">88 <inline class="smallCaps">Stat</inline>. 227</page> <appropriations level="major"> <heading>OTHER INDEPENDENT AGENCIES</heading> <appropriations level="intermediate"> <heading>Action</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Operating expenses, domestic programs”, $899,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“International Programs, Peace Corps”, $1,000,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>American Battle Monuments Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $300,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Arms Control and Disarmament Agency</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Arms control and disarmament activities”, $330,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Civil Aeronautics Board</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $770,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Civil Service Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $4,700,000; together with an additional amount of $1,016,800 for current fiscal year administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Commission in amounts determined by the Commission without regard to other statutes;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Labor Relations Council</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $57,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Commission of Fine Arts</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $10,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Commission on Civil Rights</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $250,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Equal Employment Opportunity Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,400,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Farm Credit Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Limitation on administrative expenses” (increase of $126,000 in the limitation on administrative expenses);</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Communications Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $295,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Home Loan Bank Board</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Limitation on administrative and nonadministrative expenses. Federal Home Loan Bank Board” (increase of $450,000 in the limitation on administrative expenses and increase of $430,000 in the limitation on nonadministrative expenses);</listContent> </listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/228">88 <inline class="smallCaps">Stat</inline>. 228</page> <appropriations level="intermediate"> <heading>Federal Maritime Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries land expenses”, $385,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Mediation and Conciliation Service</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $770,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Power Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,500,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Federal Trade Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,896,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Foreign Claims Settlement Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $42,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Historical and Memorial Commissions</heading> <content class="inline"> <list> <listItem> <listContent class="centered">American Revolution Bicentennial Administration</listContent> </listItem> </list> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $130,000; </listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Indian Claims Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $78,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Advisory Commission on Intergovernmental Relations</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $70,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Interstate Commerce Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $2,340,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Capital Planning Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $100,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Council on Indian Opportunity</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $7,000.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Labor Relations Board</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,007,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Mediation Board</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $63,000:</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>National Science Foundation</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $1,860,000: (and an increase of $1,860,000 in the limitation on program development and management);</listContent> </listItem> </list> </content> </appropriations> <page identifier="/us/stat/88/229">88 <inline class="smallCaps">Stat</inline>. 229</page> <appropriations level="intermediate"> <heading>Railroad Retirement Board</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Limitation on salaries and expenses” (increase in the limitation on salaries and expenses of $1,387,000, to be derived from the railroad retirement accounts);</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Renegotiation Board</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $115,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Securities and Exchange Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $2,200,000, of which $160,000 shall be available for expenses of travel.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Selective Service System</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $4,250,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Small Business Administration</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $4,300,000, of which $3,450,000 shall be derived by transfer from the “Business loan and investment fund”, from the “Disaster loan fund”, and from the “Lease and surety bond guarantees revolving fund”;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Smithsonian Institution</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $3,105,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Science information exchange”, $45,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses, National Gallery of Art”, $370,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Tariff Commission</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $300,000;</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>United States Information Agency</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Salaries and expenses”, $7,062,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Special international exhibitions”, $138,000, to remain available until expended;</listContent> </listItem> </list> </content> </appropriations> </appropriations> <appropriations level="major"> <heading>DISTRICT OF COLUMBIA</heading> <appropriations level="intermediate"> <heading>(Out of District of Columbia Funds)</heading> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“General operating expenses”, $1,437,000, of which $16,321 shall be payable from the highway fund (including $4,102 from the motor vehicle parking account), $2,663 from the water fund, and $1,155 from the sanitary sewage works fund;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Public safety”, $1,398,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Education”, $1,261,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Recreation”, $240,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Human Resources”, $2,737,000;</listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Highways and Traffic”, $394,000, of which $340,721 shall be payable from the highway fund;<page identifier="/us/stat/88/230">88 <inline class="smallCaps">Stat</inline>. 230</page></listContent> </listItem> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">“Environmental Services”, $1,191,000, of which $333,830 shall be payable from the water fund, and $247,863 from the sanitary sewage works fund.</listContent> </listItem> </list> </content> </appropriations> <appropriations level="intermediate"> <heading>Division of Expenses</heading> <content>The sums appropriated herein for the District of Columbia shall be paid out of the general fund of the District of Columbia, except as otherwise specifically provided.</content> </appropriations> </appropriations> <appropriations level="major"> <heading>ANNEXED BUDGETS</heading> <appropriations level="intermediate"> <heading>Export-Import Bank of the United States</heading> <content>“Limitation on administrative expenses” (Increase of $525,000 in the limitation on administrative expenses).</content> </appropriations> </appropriations> </section> <num value="III">TITLE III</num> <appropriations level="intermediate"> <heading>Fiscal Year 1973 Retroactive Pay Costs</heading> <section> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content>For costs arising from the fiscal year 1973 pay increases granted by or pursuant to the Federal Pay Comparability Act of 1970 and the Act of December 16, 1967 (81 Stat. 649), for any branch<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5301">5 USC 5301 note</ref>.</p></sidenote> of the Federal Government or the municipal government of the District of Columbia, to be available immediately, such amounts as may be necessary, to be determined as hereinafter provided in this title, but no appropriation, fund, limitation, or authorization may be increased pursuant to the provisions of this title in an amount in excess of the cost to such appropriation, fund, limitation, or authorization related to increased compensation pursuant to such statutes.</content> </section> <section> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content>Whenever any officer referred to in section 303 of this title shall determine that he has exhausted the possibilities of meeting the cost of pay increases, first, through the use of the unobligated balances of the fiscal year 1973 appropriations, funds, limitations, or authorizations properly chargeable with the costs in fiscal year 1973, which are hereby restored and made available for this purpose, and, secondly, through the use of the corresponding appropriations, funds, limitations, or authorizations for the fiscal year 1974, he shall certify the additional amount required to meet such costs for each appropriation, fund, limitation, or authorization under his administrative control, and with respect to retired pay he shall certify the additional amount required for the fiscal year 1974 costs resulting from such pay increases in fiscal year 1973, and the amounts so certified shall be added to the pertinent appropriation, fund, limitation, or authorization for the fiscal year 1974: <proviso><i>Provided</i>, That any certification made under the authority of this section by an officer in or under the executive branch of the Federal Government shall be valid only when approved by the Director of the Office of Management and Budget</proviso>.</content> </section> <section> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <content class="inline">For the purposes of the certifications authorized by section 302 of this title, the following officers shall be deemed to have administrative control of appropriations, funds, limitations, or authorizations available within their respective organization units— <list> <listItem> <num value="a">(a) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">The legislative branch:</listContent> <list> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Clerk of the House;</listContent> </listItem> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Secretary of the Senate;<page identifier="/us/stat/88/231">88 <inline class="smallCaps">Stat</inline>. 231</page></listContent> </listItem> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Librarian of Congress;</listContent> </listItem> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Architect of the Capitol;</listContent> </listItem> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Public Printer ;</listContent> </listItem> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Comptroller General of the United States;</listContent> </listItem> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Chief Judge of the United States Tax Court;</listContent> </listItem> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The chairman of any commission in or under the legislative branch.</listContent> </listItem> </list> </listItem> </list> <list> <listItem> <num value="b">(b) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">For the Judiciary:</listContent> <list> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Administrative Officer of the United States Courts;</listContent> </listItem> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Marshal of the Supreme Court.</listContent> </listItem> </list> </listItem> </list> <list> <listItem> <num value="c">(c) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">For the executive branch:</listContent> <list> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The head of each department, agency, or corporation in or under the executive branch.</listContent> </listItem> </list> </listItem> </list> <list> <listItem> <num value="d">(d) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">For the municipal government of the District of Columbia:</listContent> <list> <listItem> <listContent class="indent0 firstIndent1 fontsize10 depth0">The Commissioner of the District of Columbia.</listContent> </listItem> </list> </listItem> </list> </content> </section> <section> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content>Obligations or expenditures incurred for pay increases and related costs pursuant to this title, shall not be regarded or reported as violations of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665).</content> </section> <section> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content>Amounts made available by this title shall be derived from the same source as the appropriation, fund, limitation, or authorization to which such amounts are added.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content>Appropriations made pursuant to this title shall be recorded on the books of the Government as of June 30, 1974: <proviso><i>Provided</i>, That no appropriation made by this title shall be warranted after August 15, 1974</proviso>. <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content>A complete report of the appropriations made by or pursuant to this title shall be made not later than September 15, 1974, by the officers described in section 303 to the Director of the Office of Management and Budget, who shall compile and transmit to the Congress a consolidated report not later than October 15, 1974.</content> </subsection> </section> <section> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <content>With respect to the application of Executive Order Numbered <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> 11691 of December 15, 1972, as amended by Executive Order Numbered 11777 of April 12, 1974, relating to the change from January 1, 1973, to October 1, 1972, as the effective date for certain adjustments of rates of pay of certain statutory pay systems, the Clerk of the House of Representatives, in the administration of and in accordance with section 5 of the Federal Pay Comparability Act of 1970 (84 Stat. 1952–53; Public Law 91–656), with respect to each employee or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s60a">2 USC 60a note</ref>.</p></sidenote> former employee who was on the employment rolls of the House for any period occurring on or after October 1, 1972, and ending at the close of December 31, 1972, whose pay was disbursed in such period by the Clerk of the House, may make adjustments in the rate of pay of such employee or former employee for such period who was then on the employment rolls of the House, if, in the determination of the Clerk, the pay fixing authority governing the adjustment of pay under such Executive Order Numbered 11691, as in effect on January 1, 1973, has changed.</content> </section> </appropriations> <num value="IV">TITLE IV</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content>Except where specifically increased or decreased elsewhere in this Act, the restrictions contained within appropriations, or pro-<page identifier="/us/stat/88/232">88 <inline class="smallCaps">Stat</inline>. 232</page>visions affecting appropriations or other funds, available during the fiscal year 1974, limiting the amounts which may be expended for personal services, or for purposes involving personal services, or amounts which may be transferred between appropriations or authorizations available for or involving such services, are hereby increased to the extent necessary to meet increased pay costs authorized by or pursuant to law.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <content>Applicable appropriations or funds available for the fiscal<sidenote><p class="firstIndent1 fontsize8">Retroactive pay increases.</p></sidenote> year 1974 shall also be available for payment of prior fiscal year obligations for retroactive pay increases granted pursuant to 5 U.S.C. 5341.</content> </section> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <content>No funds appropriated in this Act shall be expended to<sidenote><p class="firstIndent1 fontsize8">North Vietnam reconstruction funds, prohibition.</p></sidenote> aid or assist in the reconstruction of the Democratic Republic of Vietnam (North Vietnam).</content> </section> <section class="firstIndent1 fontsize10"> <num value="405"><inline class="smallCaps">Sec</inline>. 405. </num> <content>None of the funds herein appropriated may be obligated<sidenote><p class="firstIndent1 fontsize8">U.S. combat activities Southeast Asia, in funds, prohibition.</p></sidenote> or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia.</content> </section> <section class="firstIndent1 fontsize10"> <num value="406"><inline class="smallCaps">Sec</inline>. 406. </num> <content>Appropriations and authority provided in this Act shall be available from June 1, 1974, and all obligations incurred in anticipation of the appropriations and authority provided in this Act are hereby ratified and confirmed if otherwise in accordance with the provisions of this Act.</content> </section> Approved June 8, 1974.
Public Law 93–306: To authorize amendment of contracts relating to the exchange of certain vessels for conversion and operation in unsubsidized service between the west coast of the United States and the territory of Guam. Public Law 306 88 Stat. 232 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–306
An Act To authorize amendment of contracts relating to the exchange of certain vessels for conversion and operation in unsubsidized service between the west coast of the United States and the territory of Guam.

June 8, 1974

[H. R. 11223]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Vessels.

Exchange contracts, amendment.

 of Commerce (hereinafter referred to as the “Secretary”), acting by and through the Maritime Administration, is authorized to remove from any and all contracts made under authority of the Act of December 14, 1967 (Public Law 90–195) or otherwise affecting the two

81 Stat. 581.

 C–4-type vessels traded out under authority of that Act, the terms and conditions which were deemed necessary to insure that if the person who accquired the two C–4-type vessels discontinues his operation of unsubsidized service between the west coast of the United States and the territory of Guam, the vessels will be sold to his successor in such service at their fair and reasonable value as determined by the Secretary, and any other requirements the Secretary determined were necessary to insure continued operation of the two C–4-type vessels in such unsubsidized service. At the request of the other party to any such contract, the Secretary shall amend such contract in accordance with the provisions of this Act.
Approved June 8, 1974.
Public Law 93–307: To authorize appropriations during the fiscal year 1974 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, and other weapons and research, development, test and evaluation for the Armed Forces, and to authorize construction at certain installations, and for other purposes. Public Law 307 88 Stat. 233 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 233 Public Law 93–307
An Act To authorize appropriations during the fiscal year 1974 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, and other weapons and research, development, test and evaluation for the Armed Forces, and to authorize construction at certain installations, and for other purposes.

June 8, 1974

[H. R. 12565]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Department of Defense Supplemental Appropriation Authorization Act, 1974.

 <num value="I">TITLE I—</num> <heading class="inline">PROCUREMENT </heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <chapeau class="inline">In addition to the funds authorized to be appropriated under Public Law 93–155 there is hereby authorized to be appropriated <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/605">87 Stat. 605</ref>.</p></sidenote> during fiscal year 1974 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, and other weapons authorized by law, in amounts as follows:</chapeau> <section> <heading class="centered">Aircraft</heading> <content class="indent0 firstIndent1 fontsize10">For aircraft: for the Army, $15,000,000; for the Navy and the Marine Corps, $201,200,000; for the Air Force, $187,800,000.</content> </section> <section> <heading class="centered">Missiles</heading> <content class="indent0 firstIndent1 fontsize10">For missiles: for the Army, $76,600,000; for the Navy, $17,000,000; for the Marine Corps, $22,300,000; for the Air Force, $39,000,000.</content> </section> <section> <heading class="centered">Naval Vessels</heading> <content class="indent0 firstIndent1 fontsize10">For naval vessels: for the Navy, $24,800,000.</content> </section> <section> <heading class="centered">Tracked Combat Vehicles</heading> <content class="indent0 firstIndent1 fontsize10">For tracked combat vehicles: For the Army, $63,400,000.</content> </section> <section> <heading class="centered">Other Weapons</heading> <content class="indent0 firstIndent1 fontsize10">For other weapons: For the Army, $8,200,000.</content> </section> </section> <num value="II">TITLE II—</num> <heading class="inline">RESEARCH, DEVELOPMENT, TEST, AND EVALUATION</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <chapeau class="inline">In addition to the funds authorized to be appropriated under Public Law 93–155, there is hereby authorized to be appropriated during the fiscal year 1974, for the use of the Armed Forces of the United States for research, development, test, and evaluation, as authorized by law, in amounts as follows:</chapeau> <level> <content> <p class="inline">For the Army $35,898,000;</p> <p class="indent0 firstIndent1 fontsize10">For the Navy (including the Marine Corps), $38,528,000,</p> <p class="indent0 firstIndent1 fontsize10">For the Air Force, $29,466,000, and</p> <p class="indent0 firstIndent1 fontsize10">For the Defense agencies, $5,991,000.</p> </content> </level> </section> 88 Stat. 234 <num value="III">TITLE III—</num> <heading class="inline">MILITARY CONSTRUCTION</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <content class="inline">In addition to the funds authorized to be appropriated under Public Law 93–166, there is hereby authorized to be appropriated <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/87/661">87 Stat. 661</ref>.</p></sidenote> during the fiscal year 1974, for use by the Secretary of Defense, or his designee, for military family housing, for operating expenses and maintenance of real properly in support of military family housing, an amount not to exceed $3,866,000.</content> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <content class="inline">Authorizations contained in this title shall be subject to the authorizations and limitations of the Military Construction Authorization Act, 1974 (Public Law 93–166), in the same manner as if such authorizations had been included in that Act.</content> </section> <num value="IV">TITLE IV—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content class="inline">No volunteer for enlistment into the Armed Forces shall<sidenote><p class="firstIndent1 fontsize8">Enlistment.</p></sidenote> be denied enlistment solely because of his not having a high school diploma.</content> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content class="inline">This Act may be cited as the “Department of Defense<sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Supplemental Appropriation Authorization Act, 1974”.</content> </section> Approved June 8, 1974.
Public Law 93–308: To amend the Act to authorize appropriations for the fiscal year 1974 for certain maritime programs of the Department of Commerce. Public Law 308 88 Stat. 234 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–308
An Act To amend the Act to authorize appropriations for the fiscal year 1974 for certain maritime programs of the Department of Commerce.

June 8, 1974

[H. R. 12925]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act of

Commerce Department maritime programs.

Appropriation authorization.

 July 10, 1973 (87 Stat. 168; Public Law 93–70) is amended by striking out in paragraph (b), section 1, the figure “$221,515,000” and inserting in lieu thereof the figure “$244,515,000”.
Approved June 8, 1974.
Public Law 93–309: To provide for the striking of national medals to honor the late J. Edgar Hoover. Public Law 309 88 Stat. 234 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–309
An Act To provide for the striking of national medals to honor the late J. Edgar Hoover.

June 8, 1974

[H. R. 1817]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, in honor of

J. Edgar Hoover.

Commemorative medals.

 the late J. Edgar Hoover, the Secretary of the Treasury (hereafter referred to as the “Secretary”) shall make available medals in accordance with this Act. The medals authorized under this Act are national medals within the meaning of section 3351 of the Revised Statutes (31 U.S.C. 368).
Sec. 2. The medals shall bear such emblems, devices, and inscriptions, shall be of such size or sizes, shall be made of such materials, and shall be made in such quantity, as the Secretary may determine.
Sec. 3. The Secretary shall cause such medals to be struck, and he

Cost.

 shall cause them to be sold to the general public, under such rules and regulations as he may provide, at a price not less than the estimated cost of manufacture, including labor, materials, dies, use of machinery, and overhead expenses.
Approved June 8, 1974.
Public Law 93–310: To provide for the suspension of duty on certain copying shoe lathes until the close of June 30, 1976, and for other purposes. Public Law 310 88 Stat. 235 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 235 Public Law 93–310
An Act To provide for the suspension of duty on certain copying shoe lathes until the close of June 30, 1976, and for other purposes.

June 8, 1974

[H. R. 8215]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That item 911.70 of

Copying shoe lathes.

Duty suspension, extension.

 the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by striking out “6/30/72” and inserting in lieu thereof “6/30/76”.
Sec. 2. (a) The amendment made by the first section of this Act

19 USC 1202 note.

 shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. (b) Upon request therefor filed with the customs officer concerned on or before the one hundred and twentieth day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after June 30, 1972, and on or before the date of the enactment of this Act, and (2) with respect to which there would have been no duty if the amendment made by the first section of this Act applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated

19 USC 1514.

 as though such entry or withdrawal had been made on the day after the date of the enactment of this Act.
Sec. 3. (a) Section 501 of the Internal Revenue Code of 1954 (relating

Exempt organizations.

26 USC 501.

 to exemption from tax on corporations, etc.), is amended by redesignating subsection (f) as (g) , and by inserting after subsection (e) the following new subsection: “(f) Cooperative Service Organizations Of Operating Educational Organizations.— For purposes of this title, if an organization is— “(1) organized and operated solely to hold, commingle, and collectively invest and reinvest (including arranging for and supervising the performance by independent contractors of investment services related thereto) in stocks and securities, the moneys contributed thereto by each of the members of such organization, and to collect income therefrom and turn over the entire amount thereof, less expenses, to such members, “(2) organized and controlled by one or more such members, and “(3) comprised solely of members that are organizations described in clause (ii) or (iv) of section 170(b) (1) (A)—

26 USC 170.

 “(A) which are exempt from taxation under subsection (a) , or “(B) the income of which is excluded from taxation under section 115(a),

26 USC 115.

 then such organization shall be treated as an organization organized and operated exclusively for charitable purposes.”. (b) Effective Date.— The amendments made by this section shall

26 USC 501 note.

 apply to taxable years ending after December 31, 1973.
Approved June 8, 1974.
Public Law 93–311: Prescribing the objectives and functions of the National Commission on Productivity and Work Quality. Public Law 311 88 Stat. 236 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 236 Public Law 93–311
An Act Prescribing the objectives and functions of the National Commission on Productivity and Work Quality.

June 8, 1974

[S. 1752]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) it is the

National Commission on Productivity and Work Quality.

15 USC 1026.

 policy of the United States to promote increased productivity and to improve the morale and quality of work of the American worker, for purpose of providing goods and services at low cost to American consumers, improving the competitive position of the United States in the international economy, and facilitating a more satisfying work experience for American workers. (b) The President’s National Commission on Productivity shall hereafter be referred to as the National Commission on Productivity and Work Quality (hereinafter referred to as the “Commission”). The Commission shall carry out the objectives and exercise the functions hereinafter prescribed. (c) The objectives of the Commission shall be to help increase the

Objectives.

 productivity of the American economy and to help improve the morale and quality of work of the American worker. (d) To achieve the objectives of subsection (c), the Commission

Functions.

 shall have the following primary functions: (1) To encourage and assist in the organization and work of labor-management committees which may also include public members, on a plant, community, regional, and industry basis. Such committees may be specifically designed to facilitate labor-management cooperation to increase productivity or to help improve the morale and quality of work of the American worker. (2) To conduct such research as is directly necessary to achieve each of the objectives set forth in subsection (c) when such research cannot appropriately be accomplished by other Government agencies or private organizations. (3) The publicize, disseminate, and otherwise promote material

Publicity and promotion.

 and ideas relating to its objectives. (e) In addition to its functions under subsection (d) the Commission shall— (1) advise the President and the Congress with respect to Government policy affecting productivity and the quality of work; (2) coordinate and promote Government research and technical assistance efforts relating to productivity; and (3) provide technical and consulting assistance. (f) In pursuing its objectives under subsection (c), and in carrying

Areas of concentration.

 out its functions under subsections (d) and (e), the Commission shall concentrate its efforts on those areas where such efforts are likely to make the most substantial impact on— (A) the morale and quality of work of the American worker; (B) the international competitive position of the United States; (C) the efficiency of government; or (D) the cost of those goods and services which are generally considered to fulfill the most basic needs of Americans. (g) (1) The Executive Director of the Commission shall be the principal executive officer of the Commission in carrying out the objectives and functions of the Commission under this section. 88 Stat. 237 (2) The Executive Director of the Commission, with the approval of the Chairman of the Commission, is authorized (A) to appoint and fix the compensation of such officers and employees, and prescribe their functions and duties, as may be necessary to carry out the provisions of this section, and (B) to obtain the services of experts

Experts and consultants.

 and consultants in accordance with the provisions of section 3109 of title 5, United States Code. (3) The Commission may accept gifts or bequests, either for

Gifts, acceptance.

 carrying out specific programs which it deems desirable or for its general activities. (h) In carrying out its activities under this section, the Commission shall consult with the Council of Economic Advisers. (i) The Commission shall transmit to the President and to the

Report to President and Congress.

 Congress, not later than July 1, 1974, a report covering its activities during Fiscal Year 1974 and describing in detail the program to be carried out by the Commission under this section during Fiscal Year 1975. Such report shall include an explanation of how the Commission’s program has complied or will comply, as the case may be, with the provisions of subsection (f). (j) There is hereby authorized to be appropriated such sums, not to

Appropriation.

 exceed $2,500,000, as may be necessary to carry out the purposes of this section during the period from July 1, 1974, through June 30, 1975.
Approved June 8, 1974.
Public Law 93–312: To amend the Department of State Appropriations Authorization Act of 1973 to authorize additional appropriations for the fiscal year 1974, and for other purposes. Public Law 312 88 Stat. 237 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–312
An Act To amend the Department of State Appropriations Authorization Act of 1973 to authorize additional appropriations for the fiscal year 1974, and for other purposes.

June 8, 1974

[H. R. 12466]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Department of State Appropriations Authorization Act of 1973, amendments.
authorization of appropriations
Section 1. Section 2(a) (1) of the Department of State Appropriations Authorization Act of 1973 (87 Stat. 451), providing authorization of appropriations for the Administration of Foreign Affairs, is amended by striking out “$282,565,000” and inserting in lieu thereof “$304,568,000”.
Sec. 2. Section 2 (a) (2) of such Act (87 Stat. 451), providing authorization of appropriations for International Organizations and Conferences, is amended by striking out “$211,279,000” and inserting in lieu thereof “$212,777,000”.
Sec. 3. Section 2(a) (3) of such Act (87 Stat. 451), providing authorization of appropriations for International Commissions, is amended by striking out “$15,568,000” and inserting in lieu thereof “$12,528,000”.
Sec. 4. Section 2(a) (4) of such Act (87 Stat. 451), providing authorization of appropriations for Educational Exchange, is amended by striking out “$59,800,000” and inserting in lieu thereof “$57,170,000”.
Sec. 5. Section 2(b)(1) of such Act (87 Stat. 451), providing authorization of appropriations for increases in salary, pay, retirement, or other employee benefits authorized by law, is amended by striking out “$9,328,000” and inserting in lieu thereof “$16,711,000”.
88 Stat. 238
Sec. 6. Section 2(b)(2) of such Act (87 Stat. 451), providing authorization of appropriations for additional overseas costs resulting from the devaluation of the dollar, is amended by striking out “$12,807,000” and inserting in lieu thereof “$9,905,000”.
Sec. 7. Section 2(c) of such Act (87 Stat. 451), providing authorization of appropriations for protection of personnel and facilities from threats or acts of terrorism, is amended by striking out “$40,000,000” and inserting in lieu thereof “$20,000,000”.
international committee of the red cross
Sec. 8. (a) The Act entitled “An Act to authorize a contribution by the United States to the International Committee of the Red Cross”, approved October 1, 1965 (79 Stat. 901), is amended by striking out “$50,000” and inserting in lieu thereof “$500,000”. (b) The amendment made by subsection (a) shall apply with respect to contributions to be made commencing in 1974.
bureau of oceans and international environmental and scientific affairs
Sec. 9. Section 9 of such Act (87 Stat. 453), providing for an additional

22 USC 2655a.

 Assistant Secretary to head the Bureau of Oceans and International Environmental and Scientific Affairs, is amended by inserting “(a)” immediately after “Sec. 9.” and by adding at the end thereof the following new subsections: “(b)

Section 5815 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph:

“‘(99) Assistant Secretary for Oceans and International Environmental and Scientific Affairs, Department of State.’

 “(c) Paragraph (109) of section 5816 of title 5, United States Code,

Repeal.

 relating to the Director of International Scientific Affairs, Department of State, is repealed.”.
Approved June 8, 1974.
Public Law 93–313: To delay for six months the taking effect of certain measures to provide additional funds for certain wildlife restoration projects. Public Law 313 88 Stat. 238 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–313
An Act To delay for six months the taking effect of certain measures to provide additional funds for certain wildlife restoration projects.

June 8, 1974

[H. R. 10972]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act

Wildlife restoration projects.

Funds, extension.

 entitled “An Act to provide additional funds for certain wildlife restoration projects, and for other purposes”, approved October 25, 1972 (Public Law 92–558, 86 Stat. 1172–1173), is amended by striking out “July 1, 1974” in sections 101(c) and 201 (b) thereof and inserting

16 USC 669b note, 669c note.

26 USC 4161 note.

 in lieu thereof “January 1, 1975”.
Approved June 8, 1974.
Public Law 93–314: Relating to the sale and distribution of the Congressional Record. Public Law 314 88 Stat. 239 1974-06-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 239 Public Law 93–314
An Act Relating to the sale and distribution of the Congressional Record.

June 8, 1974

[S. 3373]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section 910

Congressional Record.

Sale and distribution.

 of title 44, United States Code, is amended to read as follows:
“§910. Congressional Record: subscriptions; sale of current, individual numbers, and bound sets; postage rate “(a) Under the direction of the Joint Committee, the Public Printer may sell— “(1) subscriptions to the daily Record; and “(2) current, individual numbers, and bound sets of the Congressional Record. “(b) The price of a subscription to the daily Record and of current,

Price.

 individual numbers, and bound sets shall be determined by the Public Printer based upon the cost of printing and distribution. Any such price shall be paid in advance. The money from any such sale shall be paid into the Treasury and accounted for in the Public Printer’s annual report to Congress. “(c) The Congressional Record shall be entitled to be mailed at the

Postage rates.

 same rates of postage at which any newspaper or other periodical publication, with a legitimate list of paid subscribers, is entitled to be mailed.”.
(b) Section 906 of such title 44 is amended— (1) by striking out of the section caption the last semicolon and “subscriptions”; and (2) by striking out the last full paragraph thereof. (c) The analysis of chapter 9 of such title 44, immediately preceding section 901, is amended— (1) by striking out of item 906 the last semicolon and “subscription” ; and (2) by striking out item 910 and inserting in lieu thereof the following: “910. Approved June 8, 1974.
Public Law 93–315: To authorize appropriations for carrying out the provisions of the International Economic Policy Act of 1972, as amended. Public Law 315 88 Stat. 239 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–315
An Act To authorize appropriations for carrying out the provisions of the International Economic Policy Act of 1972, as amended.

June 22, 1974

[H. R. 13839]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the International

International Economic Policy Act of 1972, amendment.

22 USC 2849.

 Economic Policy Act of 1972, as amended, is further amended by striking out section 210 and inserting in lieu thereof the following:
“Sec. 210. For the purpose of carrying out the provisions of this title, there is authorized to be appropriated $1,800,000 for the fiscal year ending June 30, 1975.”.
Approved June 22, 1974.
Public Law 93–316: To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes. Public Law 316 88 Stat. 240 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 240 Public Law 93–316
An Act To authorize appropriations to the National Aeronautics and Space Administration for research and development, construction of facilities, and research and program management, and for other purposes.

June 22, 1974

[H. R. 13998]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That there is hereby

National Aeronautics and Space Administration Authorization Act, 1975.

Research and development.

 authorized to be appropriated to the National Aeronautics and Space Administration: (a) For “Research and development,” for the following programs: (1) Space Shuttle, $805,000,000; (2) Space flight operations, $313,300,000; (3) Advanced missions, $1,500,000; (4) Physics and astronomy, $140,515,000; (5) Lunar and planetary exploration, $266,000,000; (6) Launch vehicle procurement, $143,500,000; (7) Space applications, $196,300,000, of which $2,000,000 is designated for research on Short Term Weather Phenomena; and $1,000,000 is designated for research on ground propulsion systems; (8) Aeronautical research and technology, $171,500,000; (9) Space and nuclear research and technology, $79,700,000, of which $1,000,000 is designated for research on hydrogen production and utilization systems; (10) Tracking and data acquisition, $250,000,000; (11) Technology utilization, $5,500,000; (b) “Construction of facilities,” including land acquisition, as

Construction of facilities.

 follows: (1) Addition to flight and guidance simulation laboratory, Ames Research Center, $;3,660,000; (2) Rehabilitation and modification of science and applications laboratories, Goddard Space Flight Center, $890,000; (3) Modifications for fire protection and safety, Goddard Space Flight Center, $1,220,000; (4) Acquisition of land, Jet Propulsion Laboratory, $150,000; (5) Addition to systems development laboratory, Jet Propulsion Laboratory, $4,880,000; (6) Addition for integrated systems testing facility. Jet Propulsion Laboratory, $3,790,000; (7) Modification of water supply system, Lyndon B. Johnson Space Center, $935,000; (8) Modification of 6,000 pounds per square inch air storage system, Langley Research Center, $515,000; (9) Rehabilitation of 16-foot transonic wind tunnel, Langley Research Center, $2,990,000; (10) Modification of propulsion systems laboratory, Lewis Research Center, $2,580,000; (11) Modification of rocket engine test facility, Lewis Research Center, $660,000; (12) Construction of X-ray telescope facility, Marshall Space Flight Center, $4,060,000; (13) Modification of beach protection system, Wallops Station, $1,370,000; (14) Construction of infrared telescope facility, Mauna Kea, Hawaii, $6,040,000; (15) Modifications for fire protection and safety at various tracking and data stations, $1,430,000; 88 Stat. 241 (16) Space Shuttle facilities at various locations as follows: (A) Construction of Orbiter landing facilities, John F. Kennedy Space Center, $15,880,000; (B) Construction of Orbiter processing facility, John F. Kennedy Space Center, $13,380,000; (C) Modifications to launch complex 39, John F. Kennedy Space Center, $37,690,000; (D) Modifications for dynamic test facilities, Marshall Space Flight Center, and National Aeronautics and Space Administration Industrial Plant, Downey, California, $3,920,000; (E) Construction of Orbiter horizontal flight test facilities, Flight Research Center, $3,940,000; (F) Modifications for crew training facilities, Lyndon B. Johnson Space Center, $420,000; (G) Modification of the vibration and acoustic test facility, Lyndon B. Johnson Space Center, $410,000; (H) Construction of materials test facility, White Sands Test Facility, $790,000; (I) Modifications for solid rocket booster structural test facilities, Marshall Space Flight Center, $2,590,000; (17) Rehabilitation and modification of facilities at various locations, not in excess of $500,000 per project, $14,900,000; (18) Minor construction of new facilities and additions to existing facilities at various locations not in excess of $250,000 per project, $4,500,000; (19) Facility planning and design not otherwise provided for, $10,900,000. (c) For “Research and program management,” $749,624,000, and

Research and program management.

 such additional or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law. (d) Notwithstanding the provisions of subsection 1(g), appropriations

Program specifications.

 for “Research and development” may be used (1) for any items of a capital nature (other than acquisition of land) which may be required at locations other than installations of the Administration for the performance of research and development contracts, and (2) for grants to nonprofit institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities, and title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in any such grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to insure that the United States will receive therefrom benefit adequate to justify the making of that grant. None of the funds

Notice to Speaker of the House, President of the Senate and congressional committees.

 appropriated for “Research and development” pursuant to this Act may be used in accordance with this subsection for the construction of any major facility, the estimated cost of which, including collateral equipment, exceeds $250,000, unless the Administrator or his designee has notified the Speaker of the House of Representatives and the President of the Senate and the Committee on Science and Astronautics of the House of Representatives and the Committee on Aeronautical and Space Sciences of the Senate of the nature, location, and estimated cost of such facility. 88 Stat. 242 (e) When so specified in an appropriation Act, (1) any amount appropriated for “Research and development” or for “Construction of facilities” may remain available without fiscal year limitation, and (2) maintenance and operation of facilities, and support services contracts may be entered into under the “Research and program management” appropriation for periods not in excess of twelve months beginning at any time during the fiscal year. (f) Appropriations made pursuant to subsection 1(c) may be used,

Scientific consultations or extraordinary expenses.

 but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the approval or authority of the Administrator and his determination shall be final and conclusive upon the accounting officers of the Government. (g) Of the funds appropriated pursuant to subsections 1(a) and

Limitations.

 1(c), not in excess of $10,000 for each project, including collateral equipment, may be used for construction of new facilities and additions to existing facilities, and not in excess of $25,000 for each project, including collateral equipment, may be used for rehabilitation or modification of facilities: Provided, That of the funds appropriated pursuant to subsection 1(a) , not in excess of $250,000 for each project, including collateral equipment, may be used for any of the foregoing for unforeseen programmatic needs. (h) The authorization for the appropriation to the National Aeronautics and Space Administration of $10,900,000, which amount represents that part of the authorization provided for in section 1(b) (12) (I) of the National Aeronautics and Space Administration Authorization Act, 1974, for which appropriations have not been made, shall

87 Stat. 171.

 expire on the date of the enactment of this Act.
Sec. 2. Authorization is hereby granted whereby any of the amounts

Unappropriated 1974 funds, expiration date.

Cost variations, authority of Administrator.

 prescribed in paragraphs (1) through (18), inclusive, of subsection 1(b) may, in the discretion of the Administrator or his designee, be varied upward 10 per centum to meet unusual cost variations, but the total cost of all work authorized under such paragraphs shall not exceed the total of the amounts specified in such paragraphs.
Sec. 3. Not to exceed one-half of 1 per centum of the funds appropriated

Unforeseen program changes, transfer of research funds to construction.

 pursuant to subsection 1(a) hereof may be transferred to the “Construction of facilities” appropriation, and, when so transferred, together with $10,000,000 of the funds appropriated pursuant to subsection 1(b) hereof (other than funds appropriated pursuant to paragraph (19) of such subsection) shall be available for expenditure to construct, expand, or modify laboratories and other installations at any location (including locations specified in subsection 1(b)), if (1) the Administrator determines such action to be necessary because of changes in the national program of aeronautical and space activities or new scientific or engineering developments, and (2) he determines that deferral of such action until the enactment of the next Authorization Act would be inconsistent with the interest of the Nation in aeronautical and space activities. The funds so made available may be expended to acquire, construct, convert, rehabilitate, or install permanent or temporary public works, including land acquisition, site preparation, appurtenances, utilities, and equipment. No portion of

Report to Speaker of the House, President of the Senate and congressional committees.

 such sums may be obligated for expenditure or expended to construct, expand, or modify laboratories and other installations unless (A) a period of thirty days has passed after the Administrator or his designee has transmitted to the Speaker of the House of Representatives and to the President of the Senate and to the Committee on Science and Astronautics of the House of Representatives and to the Committee on Aeronautical and Space Sciences of the Senate a written report containing a full and complete statement concerning (1) the nature of such construction, expansion, or modification, (2) the cost88 Stat. 243 thereof including the cost of any real estate action pertaining thereto, and. (3) the reason why such construction, expansion, or modification is necessary in the national interest, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.
Sec. 4. Notwithstanding any other provision of this Act—

Use of funds, restriction.

 (1) no amount appropriated pursuant to this Act may be used for any program deleted by the Congress from requests as originally made to either the House Committee on Science and Astronautics or the Senate Committee on Aeronautical and Space Sciences, (2) no amount appropriated pursuant to this Act may be used for any program in excess of the amount actually authorized for that particular program by sections 1(a) and 1(c), and (3) no amount appropriated pursuant to this Act may be used for any program which has not been presented to or requested of either such committee, unless (A) a period of thirty days has passed after the receipt by the

Notice to Speaker of the House, President of the Senate and congressional committees.

 Speaker of the House of Representatives and the President of the Senate and each such committee of notice given by the Administrator or his designee containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or (B) each such committee before the expiration of such period has transmitted to the Administrator written notice to the effect that such committee has no objection to the proposed action.
Sec. 5. It is the sense of the Congress that it is in the national interest

Research funds, geographical distribution.

42 USC 2459 note.

 that consideration be given to geographical distribution of Federal research funds whenever feasible, and that the National Aeronautics and Space Administration should explore ways and means of distributing its research and development funds whenever feasible.
Sec. 6. Section 203(b) (9) of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473(b) (9) ) , is amended to read as follows: “(9) to obtain services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for GS–18;”.

5 USC 5332 note.

Satellite services, contract authorization.

42 USC 2463.
Sec. 7. The National Aeronautics and Space Administration is authorized, when so provided in an appropriation Act, to enter into a contract for tracking and data relay satellite services. Such services shall be furnished to the National Aeronautics and Space Administration in accordance with applicable authorization and appropriation Acts. The Government shall incur no costs under such contract prior to the furnishing of such services except that the contract may provide for the payment for contingent liability of the Government which may accrue in the event the Government should decide for its convenience to terminate the contract before the end of the period of the contract. Title to any facilities which may be required in the performance of the contract and constructed on Government-owned land shall vest in the United States upon the termination of the contract. The Administrator

Report to congressional commitees.

 shall in January of each year report to the Committee on Science and Astronautics and the Committee on Appropriations of the House of Representatives and the Committee on Aeronautical and Space Sciences and the Committee on Appropriations of the Senate the projected aggregate contingent liability of the Government under88 Stat. 244 termination provisions of any contract authorized in this section through the next fiscal year. The authority of the National Aeronautics and Space Administration to enter into and to maintain the contract authorized hereunder shall remain in effect as long as provision therefor is included in Acts authorizing appropriations to the National Aeronautics and Space Administration for subsequent fiscal years.
Sec. 8. This Act may be cited as the “National Aeronautics and

Short title.

 Space Administration Authorization Act, 1975”.
Approved June 22, 1974.
Public Law 93–317: Authorizing the Secretary of the Army to receive for instruction at the United States Military Academy one citizen of the Kingdom of Laos. Public Law 317 88 Stat. 244 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–317
Joint Resolution Authorizing the Secretary of the Army to receive for instruction at the United States Military Academy one citizen of the Kingdom of Laos.

June 22, 1974

[S. J. Res. 206]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of the

U.S. Military Academy.

Laotian citizen, attendance.

 Army is authorized to permit within 18 months after the date of enactment of this joint resolution, one person, who is a citizen of the Kingdom of Laos, to receive instruction at the United States Military Academy, but the United States shall not be subject to any expense on account of such instruction.
Sec. 2. Except as may be otherwise determined by the Secretary of the Army, the said person shall, as a condition to receiving instruction under the provisions of this joint resolution, agree to be subject to the same rules and regulations governing admission, attendance, discipline, resignation, discharge, dismissal, and graduation, as cadets at the United States Military Academy appointed from the United States, but he shall not be entitled to appointment to any office or position in the Armed Forces of the United States by reason of his graduation from the United States Military Academy, or subject to an oath of allegiance to the United States of America.
Approved June 22, 1974.
Public Law 93–318: To prevent the unauthorized manufacture and use of the character “Woodsy Owl”, and for other purposes. Public Law 318 88 Stat. 244 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–318
An Act To prevent the unauthorized manufacture and use of the character “Woodsy Owl”, and for other purposes.

June 22, 1974

[S. 1585]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

“Woodsy Owl” and “Smokey Bear.”

Unauthorized use, prevention.

Definitions.

31 USC 488b–3.
Section 1. As used in this Act— (1) the term “Woodsy Owl” means the name and representation of a fanciful owl, who wears slacks (forest green when colored), a belt (brown when colored), and a Robin Hood style hat (forest green when colored) with a feather (red when colored), and who furthers the slogan, “Give a Hoot, Don’t Pollute”, originated by the Forest Service of the United States Department of Agriculture; (2) the term “Smokey Bear” means the name and character “Smokey Bear” originated by the Forest Service of the United States Department of Agriculture in cooperation with the Association of State Foresters and the Advertising Council. 88 Stat. 245 (3) the term “Secretary” means the Secretary of Agriculture.
Sec. 2. The following are hereby declared the property of the United

31 USC 488b–4.

 States: (1) The name and character “Smokey Bear”. (2) The name and character “Woodsy Owl” and the associated slogan, “Give a Hoot, Don’t Pollute”.
Sec. 3. (a) The Secretary may establish and collect use or royalty

Royalty fees.

31 USC 488b–5.

 fees for the manufacture, reproduction, or use of the name or character “Woodsy Owl” and the associated slogan, “Give a Hoot, Don’t Pollute”, as a symbol for a public service campaign to promote wise use of the environment and programs which foster maintenance and improvement of environmental quality. (b) The Secretary shall deposit into a special account all fees collected

Special account.

 pursuant to this Act. Such fees are hereby made available for obligation and expenditure for the purpose of furthering the “Woodsy Owl” campaign.
Sec. 4. (a) Whoever, except as provided by rules and regulations

Violations subject to suit.

31 USC 488b–6.

 issued by the Secretary, manufactures, uses, or reproduces the character “Smokey Bear” or the name “Smokey Bear”, or a facsimile or simulation of such character or name in such a manner as suggests “Smokey Bear” may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary. (b) Whoever, except as provided by rules and regulations issued by the Secretary, manufactures, uses, or reproduces the character “Woodsy Owl”, the name “Woodsy Owl”, or the slogan “Give a Hoot, Don’t Pollute”, or a facsimile or simulation of such character, name, or slogan in such a manner as suggests “Woodsy Owl” may be enjoined from such manufacture, use, or reproduction at the suit of the Attorney General upon complaint by the Secretary.
Sec. 5. Section 711 of title 18 of the United States Code is amended— (1) by inserting “and for profit” immediately after “knowingly”, and (2) by deleting “as a trade name or in such manner as suggests the character ‘Smokey Bear’”.
Sec. 6. Chapter 33 of title 18 of the United States Code is amended by adding after section 711 a new section, as follows:
“§711a. ‘Woodsy Owl’ character, name, or slogan

18 USC 711a.

 “Whoever, except as authorized under rules and regulations issued

Penalties.

 by the Secretary, knowingly and for profit manufactures, reproduces, or uses the character ‘Woodsy Owl’, the name ‘Woodsy Owl’, or the associated slogan, ‘Give a Hoot, Don’t Pollute’ shall be fined not more than $250 or imprisoned not more than six months, or both.”.
Sec. 7. Section 3 of the Act entitled “An Act prohibiting the manufacture or use of the character ‘Smokey Bear’ by unauthorized persons” (31 U.S.C. 488a) is amended by striking out “under the provisions of section 711 of title 18”.
Sec. 8. The table of sections of chapter 33 of title 18, United States Code, is amended by inserting immediately after the item relating to section 711 the following: “711a.
Approved June 22, 1974.
Public Law 93–319: To provide for means of dealing with energy shortages by requiring reports with respect to energy resources, by providing for temporary suspension of certain air pollution requirements, by providing for coal conversion, and for other purposes. Public Law 319 88 Stat. 246 1974-06-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 246 Public Law 93–319
An Act To provide for means of dealing with energy shortages by requiring reports with respect to energy resources, by providing for temporary suspension of certain air pollution requirements, by providing for coal conversion, and for other purposes.

June 22, 1974

[H. R. 14368]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Energy Supply and Environmental Coordination Act of 1974.

15 USC 791 note.
SECTION 1. SHORT TITLE; PURPOSE. (a) This Act, including the following table of contents, maybe cited as the “Energy Supply and Environmental Coordination Act of 1974”. TABLE OF CONTENTS Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Sec. 11. Sec. 12. Sec. 13. Sec. 14. (b) The purposes of this Act are (1) to provide for a means to

15 USC 791.

 assist in meeting the essential needs of the United States for fuels, in a manner which is consistent, to the fullest extent practicable, with existing national commitments to protect and improve the environment, and (2) to provide requirements for reports respecting energy resources.
SEC. 2. COAL CONVERSION AND ALLOCATION.

15 USC 792.

 (a) The Federal Energy Administrator— (1) shall, by order, prohibit any powerplant, and

Powerplant and fuel burning installations.

 (2) may, by order, prohibit any major fuel burning installation, other than a powerplant, from burning natural gas or petroleum products as its primary energy source, if the Federal Energy Administrator determines such powerplant or installation on the date of enactment of this Act has the capability and necessary plan t equipment to burn coal, and if the requirements of subsection (b) are met. (b) The requirements referred to in subsection (a) are as follows: (1) An order under subsection (a) may not be issued with respect to a powerplant or installation unless the Federal Energy Administrator finds (A) that the burning of coal by such plant or installation, in lieu of petroleum products or natural gas, is practicable and consistent with the purposes of this Act, (B) that coal and coal transportation facilities will be available during the period the order is in effect, and (C) in the case of a powerplant, that the prohibition under subsection (a) will not impair the reliability of service in the area served by such plant. Such an order shall be rescinded or modified to the extent the Federal Energy Administrator determines that any requirement described in subparagraph (A), (B), or (C) of this paragraph is no longer met; and such an order may at any time be modified if the Federal Energy Administrator determines that such order, as modified, complies with the requirements of this section. 88 Stat. 247 (2) (A) Before issuing an order under subsection (a) which is

Public notice.

 applicable to a powerplant or installation for a period ending on or before June 30, 1975, the Federal Energy Administrator (i) shall give notice to the public and afford interested persons an opportunity for written presentations of data, views, and arguments, (ii) shall consult with the Administrator of the Environmental Protection Agency, and (iii) shall take into account the likelihood that the powerplant or installation will be permitted to burn coal after June 30, 1975. (B) An order described in subparagraph (A) of this paragraph shall not become effective until the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119(d)(1)(A) of such Act is the earliest date that such plant or installation will be able to comply with the air pollution requirements which will be applicable to it. Such order shall not be effective for any period certified by the Administrator of the Environmental Protection Agency pursuant to section 119(d)(3)(B) of such Act. (3) (A) Before issuing an order under subsection (a) which is applicable to a powerplant or installation after June 30, 1975 (or modifying an order to which paragraph (2) applies, so as to apply such order to a powerplant or installation after such date), the Federal Energy Administrator shall give notice to the public and afford interested persons an opportunity for oral and written presentations of data, views, and arguments. (B) An order (or modification thereof) described in subparagraph (A) of this paragraph shall not become effective until (i) the Administrator of the Environmental Protection Agency notifies the Federal Energy Administrator under section 119(d) (1) (B) of the Clean Air Act that such plant or installation will be

Post, p. 248.

 able on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance date extension under section 119(c) of such Act, or (ii) if such notification is not given, the date which the Administrator of the Environmental Protection Agency certifies pursuant to section 119 (d)(1)(B) of such Act is the earliest date that such plant or installation will be able to comply with all applicable requirements of such section 119. Such order (or modification) shall not be effective during any period certified by the Administrator of the Environmental Protection Agency under section 119(d)(3) (B) of such Act. (c) The Federal Energy Administrator may require that any

Powerplant, construction design.

 powerplant in the early planning process (other than a combustion gas turbine or combined cycle unit) be designed and constructed so as to be capable of using coal as its primary energy source. No powerplant may be required under this subsection to be so designed and constructed, if the Administrator determines that (1) to do so is likely to result in an impairment of reliability or adequacy of service, or (2) an adequate and reliable supply of coal is not expected to be available. In considering whether to impose a design and construction requirement under this subsection, the Federal Energy Administrator shall consider the existence and effects of any contractual commitment for the construction of such facilities and the capability of the owner to recover any88 Stat. 248 capital investment made as a result of any requirement imposed under this subsection. (d) The Federal Energy Administrator may, by rule or order, allocate coal (1) to any powerplant or major fuel-burning installation to which an order under subsection (a) has been issued, or (2) to any other person to the extent necessary to carry out the purposes of this Act. (e) For purposes of this section: (1) The term “powerplant” means a fossil-fuel fired electric

“Powerplant.”

 generating unit which produces electric power for purposes of sale or exchange. (2) The term “coal” includes coal derivatives.

“Coal.”

 (f) (1) Authority to Issue orders or rules under subsections (a)

Expiration and effective dates.

 through (d) of this section shall expire at midnight, June 30, 1975. Such a rule or order may take effect at any time before January 1, 1979. (2) Authority to amend, repeal, rescind, modify, or enforce such rules or orders shall expire at midnight, December 31, 1978; but the expiration of such authority shall not affect any administrative or judicial proceeding which relates to any act or omission which occurred prior to January 1, 1979.
SEC. 3. SUSPENSION AUTHORITY. Title I of the Clean Air Act is amended by adding at the end thereof

42 USC 1857.

 the following new section:
“energy-related authority
“Sec. 119. (a) For purposes of this section:

Definitions.

42 USC 1857c–10.

 “(1) The term ‘stationary source fuel or emission limitation’ means any emission limitation, schedule or timetable of compliance, or other requirement, which is prescribed under this Act (other than this section, or section 111(b), 112, or 303) or contained

42 USC 1857c–6, 1857c–7, 1857h–1.

 in an applicable implementation plan (other than a requirement imposed under authority described in section 110(a) (2)(F)(v)), and which limits, or is designed to limit, stationary source emissions resulting from combustion of fuels, including a

42 USC 1857c–5.

 prohibition on, or specification of, the use of any fuel of any type, grade, or pollution characteristic. “(2) The term ‘air pollution requirement’ means any emission limitation, schedule or timetable for compliance, or other requirement, which is prescribed under any Federal, State, or local law or regulation, including this Act (except for any requirement prescribed under subsection (c) or (d) of this section, section 110(a) (2) (F) (v), or section 303), and which limits stationary source emissions resulting from combustion of fuels (including a prohibition on, or specification of, the use of any fuel of any type, grade, or pollution characteristic). “(3) The terms ‘stationary source’ and ‘source’ have the same meaning as the term ‘stationary source’ has under section 111(a) (3); except that such terms include any owner or operator (as defined in section 111(a)(5)) of such source. “(4) The term ‘coal’ includes coal derivatives. 88 Stat. 249 “(5) The term ‘primary standard condition’ means a limitation, requirement, or other measure, prescribed by the Administrator under subsection (d)(2)(A) of this section. “(6) The term ‘regional limitation’ means the requirement of subsection (c)(2)(D) of this section. “(b) (1) (A) The Administrator may, for any period beginning on

Temporary suspension.

 or after the date of enactment of this section and ending on or before June 30, 1975, temporarily suspend any stationary source fuel or emission limitation as it applies to any person— “(i) if the Administrator finds that such person will be unable to comply with any such limitation during such period solely because of unavailability of types or amounts of fuels (unless such unavailability results from an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974), or “(ii) if such person is a source which is described in subsection (c)(1)(A) or (B) of this section and which has converted to coal, and the Administrator finds that the source will be able to comply during the period of the suspension with all primary standard conditions which will be applicable to such source. Any suspension under this paragraph, the imposition of any interim requirement on which such suspension is conditioned under paragraph (3) of this subsection, and the imposition of any primary standard condition which relates to such suspension, shall be exempted from any procedural requirements set forth in this Act or in any other provision of Federal, State, or local law; except as provided in subparagraph (B) of this paragraph. “(B) The Administrator shall give notice to the public and afford

Public notice.

 interested persons an opportunity for written and oral presentations of data, views, and arguments prior to issuing a suspension under subparagraph (A), or denying an application for such a suspension, unless otherwise provided by the Administrator for good cause found and published in the Federal Register. In any case, before issuing such

Publication in Federal Register.

Notice to State Governor and local officials.

 a suspension, he shall give actual notice to the Governor of the State in which the affected source or sources are located, and to appropriate local governmental officials (as determined by the Administrator). The issuing or denial of such a suspension, the imposition of an interim

Judicial review.

 requirement, and the imposition of any primary standard condition shall be subject to judicial review only on the grounds specified in paragraph (2)(B), (2)(C), o r (2)(D), of section 706 of title 5, United States Code, and shall not be subject to any proceeding under section 304(a)(2) or 307 (b) and (c) of this Act.

42 USC 1857h–2, 1857h–5.

 “(2) In issuing any suspension under paragraph (1), the Administrator is authorized to act on his own motion or upon application by any person (including a public officer or public agency). “(3) Any suspension under paragraph (1) shall be conditioned

Interim requirements, compliance.

 upon compliance with such interim requirements as the Administrator determines are reasonable and practicable. Such interim requirements shall include, but need not be limited to, (A) a requirement that the persons receiving the suspension comply with such reporting requirements as the Administrator determines may be necessary, (B) such measures as the Administrator determines are necessary to avoid an imminent and substantial endangerment to health of persons, and88 Stat. 250 (C) in the case of a suspension under paragraph (1)(A)(i), requirements that the suspension shall be inapplicable during any period during which fuels which would enable compliance with the suspended stationary source fuel or emission limitations are in fact reasonably available (as determined by the Administrator) to such person. “(c) (1) Except as provided in paragraph (2) of this subsection,

Compliance date, extension.

 the Administrator shall issue a compliance date extension to any fuel-burning stationary source— “(A) which is prohibited from using petroleum products or natural gas by reason of an order which is in effect under section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, or “(B) which the Administrator determines began conversion to the use of coal as its primary energy source during the period beginning on September 15, 1973, and ending on March 15, 1974, and which, on or after September 15, 1973, converts to the use of coal as its primary energy source. If a compliance date extension is issued to a source, such source shall not, until January 1, 1979, be prohibited, by reason of the application of any air pollution requirement, from burning coal which is available to such source, except as provided in subsection (d) (3). For purposes of this paragraph, the term ‘began

“Began conversion.”

 conversion’ means action by the source during the period beginning on September 15, 1973, and ending on March 15, 1974 (such as entering into a contract binding on such source for obtaining coal, or equipment or facilities to burn coal; expanding substantial sums to permit such source to burn coal; or applying for an air pollution variance to enable such source to burn coal) which the Administrator finds evidences a decision (made prior to March 15, 1974) to convert to burning coal as a result of the unavailability of an adequate supply of fuels required for compliance with the applicable implementation plan, and a good faith effort to expeditiously carry out such decision. “(2) (A) A compliance date extension under paragraph (1) of this

Conditions.

 subsection may be issued to a source only if— (i) the Administrator finds that such source will not be able to burn coal which is available to such source in compliance with all applicable air pollution requirements without a compliance date extension, (ii) the Administrator finds that the source will be able during the period of the compliance date extension to comply with all the primary standard conditions which are required under subsection (d) (2) to be applicable to such source, and with the regional limitation if applicable to such source, and (iii) the source has submitted to the Administrator a plan for compliance for such source which the Administrator has approved. A plan submitted under clause (iii) of the preceding sentence shall be approved only if it meets the requirements of regulations prescribed under subparagraph (B) . The Administrator shall approve or disapprove any such plan within 60 days after such plan is submitted. “(B) Not later than 90 days after the date of enactment of this section,

Regulations.

 the Administrator shall prescribe regulations requiring that any source to which a compliance date extension applies submit and obtain

Compliance schedule.

 approval of its means for and schedule of compliance with the require-88 Stat. 251ments of subparagraph (C) of this paragraph. Such regulations shall include requirements that such schedules shall include dates by which any such source must— “(i) enter into contracts (or other obligations enforceable

Contracts, approval.

 against such source) which the Administrator has approved as being adequate to provide for obtaining a long-term supply of coal which enables such source to achieve the emission reduction required by subparagraph (C), or “(ii) if coal which enables such source to achieve such emission reduction is not available to such source, enter into contracts (or other obligations enforceable against such source) which the Administrator has approved as being adequate to provide for obtaining (I) a long-term supply of other coal, and (II) continuous emission reduction systems necessary to permit such source to burn such coal, and to achieve the degree of emission reduction required by subparagraph (C). Regulations under this subparagraph shall provide that contracts or other obligations required to be approved under this subparagraph must be approved before they are entered into (except that a contract or obligation which was entered into before the date of enactment of this section may be approved after such date). “(C) Regulations under subparagraph (B) shall require that the

Emission reduction, requirements.

 source achieve the most stringent degree of emission reduction that such source would have been required to achieve under the applicable implementation plan which was in effect on the date of submittal (under subparagraph (B) of this paragraph) of the means for and schedule of compliance (or if no applicable implementation plan was in effect on such date, under the first applicable implementation plan which takes effect after such date). Such degree of emission reduction shall be achieved as soon as practicable, but not later than December 31, 1978; except that, in the case of a source for which a continuous emission reduction system is required for sulfur-related emissions, reduction of such emissions shall be achieved on a date designated by the Administrator (but not later than January 1, 1979). Such regulations shall also include such interim requirements as the Administrator determines are reasonable and practicable, including requirements described in subparagraphs (A) and (B) of subsection (b) (3) and requirements to file progress reports.

Progress reports.

 “(D) A source which is issued a compliance date extension under this subsection, and which is located in an air quality control region in which a national primary ambient air quality standard for an air pollutant is not being met, may not emit such pollutant in amounts which exceed any emission limitation (and may not violate any other requirement) which applies to such source, under the applicable implementation plan for such pollutant. For purposes of this subparagraph, applicability of any such limitation or requirement to a source shall be determined without regard to this subsection or subsection (b) . “(3) A source to which this subsection applies may, upon the expiration of a compliance date extension, receive a one-year postponement of the application of any requirement of an applicable implementation plan under the conditions and in the manner provided in section 110(f).

42 USC 1857c–5.

 88 Stat. 252 “(4) The Administrator shall give notice to the public and afford

Public notice.

 an opportunity for oral and written presentations of data, views, and arguments before issuing any compliance date extension, prescribing any regulation under paragraph (2) of this subsection, making any finding under paragraph (2) (A) of this subsection, imposing any requirement on a source pursuant to paragraph (2) or any regulation thereunder, prescribing a primary standard condition under subsection (d) (2) which applies to a source to which an extension is issued under this subsection, or acting on any petition under subsection (d) (2) (C). “(d) (1) (A) Whenever the Federal Energy Administrator issues an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 which will not apply after June 30, 1975, the Administrator of the Environmental Protection Agency shall certify to him— “(i) in the case of a source to which no suspension will be issued under subsection (b) , the earliest date on which such source will be able to burn coal and to comply with all applicable air pollution requirements, or “(ii) in the case of a source to which a suspension will be issued under subsection (b) of this section, the date determined under paragraph (2) (B) of this subsection. “(B) Whenever the Federal Energy Administrator issues an order under section 2(a) of such Act which will apply after June 30, 1975, the Administrator of the Environmental Protection Agency shall notify him if such source will be able, on and after July 1, 1975, to burn coal and to comply with all applicable air pollution requirements without a compliance date extension under subsection (c). If such notification is not given— “(i) in the case of a source which is eligible for a compliance date extension under subsection (c), the Administrator of the Environmental Protection Agency shall certify to the Federal Energy Administrator the date determined under paragraph (2) (B) of this subsection, and “(ii) in the case of a source which is not eligible for such an extension, the Administrator of the Environmental Protection Agency shall certify to the Federal Energy Administrator the earliest date on which the source will be able to burn coal and to comply with all applicable air pollution requirements. “(2) (A) The Administrator of the Environmental Protection

Emission limitations.

 Agency, after consultation with appropriate States, shall prescribe (and may from time to time, after such consultation, modify) emission limitations, requirements respecting pollution characteristics of coal, or other enforceable measures for control of emissions, for each source to which a suspension under subsection (b)(1)(A)(ii) will apply, and for each source to which a compliance date extension under subsection (c) (1) will apply. Such limitations, requirements, and measures shall be those which he determines must be complied with by the source in order to assure (throughout the period that the suspension or extension will be in effect) that the burning of coal by such source will not result in emissions which cause or contribute to concentrations of any air pollutant in excess of any national primary ambient air quality standard for such pollutant. 88 Stat. 253 “(B) Whenever the Administrator prescribes a limitation, requirement, or measure under subparagraph (A) of this paragraph with respect to a source, he shall determine the earliest date on which such source will be able to comply with such limitation, requirement, or measure, and with any regional limitation applicable to such source. “(C) An air pollution control agency may petition the Administrator

Emission limitations, petition for modification.

 (A) to modify any limitation, requirement, or other measure under this paragraph so as to assure compliance with the requirements of this paragraph, or (B) to issue to the Federal Energy Administration the certification described in paragraph (3) (B) on the grounds describ3d in clause (iii) thereof. The Administrator shall take the action requested in the petition, or deny the petition, within 90 days after the date of receipt of the petition. “(3) (A) If the Administrator determines that a source to which

Compliance.

 a suspension under subsection (b) (1) (A) (ii) or to which a compliance date extension under subsection (c)(1) applies is not in compliance with any primary standard condition, or that a source to which a compliance date extension applies is not in compliance with a regional limitation applicable to it, he shall (except as provided in subparagraph (B)) either— “(i) enforce compliance with such condition or limitation under section 113, or “(ii) (after notice to the public and affording an opportunity

Public notice.

 for interested persons to present data, views, and arguments, including oral presentations, to the extent practicable) revoke such suspension or compliance date extension. “(B) If the Administrator finds that for any period— “(i) a source, to which an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 applies, will be unable to comply with a primary standard condition or regional limitation, “(ii) such a source will not be in compliance with such a condition or limitation, but such condition or limitation cannot be enforced because of a court order restraining its enforcement, or “(iii) the burning of coal by such a source will result in an increase in emissions of any air pollutant for which national ambient air quality standards have not been promulgated (or an air pollutant which is transformed in the atmosphere into an air pollutant for which such a standard has not been promulgated), and that such increase may cause (or materially contribute to) a significant risk to public health, he shall notify the Federal Energy Administrator of his finding and certify the period for which such order under such section 2(a) shall not be in effect with respect to such source. Subject to the conditions of the preceding sentence, such certification may be modified from time to time. For purposes of this subsection, subsection (c), and section 2 (a) or (b) of the Energy Supply and Environmental Coordination Act of 1974, a source shall be considered unable to comply with an air pollution requirement (including a primary standard condition or regional limitation) only if necessary technology or other alternative methods of control are not available or have not been available for a sufficient period of time. 88 Stat. 254 “(4) Nothing in this Act shall prohibit a State, political subdivision of a State, or agency or instrumentality of either, from enforcing any primary standard condition or regional limitation. “(5) A conversion to coal (A) to which a suspension under subsection (b) or a compliance date extension under subsection (c) applies or (B) by reason of an order under section 2(a) of the Energy Supply and Environmental Coordination Act of 1974 shall not be deemed to be a modification for purposes of section 111(a) (2) and (4) of this

42 USC 1857C–6.

s Act. “(e) The Administrator may, by rule, establish priorities under

Continuous emission reduction systems, manufacturing priorities, rules.

 which manufacturers of continuous emission reduction systems necessary to carry out subsection (c) shall provide such systems to users thereof, if he finds that priorities must be imposed in order to assure that such systems are first provided to sources in air quality control regions in which national primary ambient air quality standards have not been achieved. No rule under this subsection may impair the obligation of any contract entered into before the date of enactment of this section. To the extent necessary to carry out this section, the Administrator may prohibit any State or political subdivision of a State, or an agency or instrumentality of either, from requiring any person to use a continuous emission reduction system for which priorities have been established under this subsection, except in accordance with such priorities. “(f) No State, political subdivision of a State, or agency or instrumentality of either, may require any person to whom a suspension has been issued under subsection (b) (1) to use any fuel the unavailability of which is the basis of such person’s suspension (except that this subsection shall not apply to requirements identical to Federal requirements under subsection (b)(3) or subsection (d)(2)). “(g) (1) It shall be unlawful for any person to whom a suspension

Unlawful acts.

 has been issued under subsection (b) (1) to violate any requirement on which the suspension is conditioned pursuant to subsection (b) (3) or any primary standard condition applicable to him. “(2) It shall be unlawful for any person to fail to comply with any requirement under subsection (c), or any regulation, plan, or schedule thereunder (including a primary standard condition or regional limitation), which is applicable to such person. “(3) It shall be unlawful for any person to violate any rule under subsection (e). “(4) It shall be unlawful for why person to fail to comply with an interim requirement under subsection (i) (3). “(h) Nothing in this section shall affect the power of the Administrator to deal with air pollution presenting an imminent and substantial endangerment to the health of persons under section S03 of this Act.

42 USC 1857h–1.

 “(i) (1) In order to reduce the likelihood of early phaseout of

Electric generating powerplants, cessation of operation, postponement.

 existing electric generating powerplants, any electric generating powerplant (A) which, because of the age and condition of the plant, is to be taken out of service permanently no later than January 1, 1980, according to the power supply plan (in existence on January 1, 1974) of the owner or operator of such plant, (B) for which a certification to that effect has been filed by the owner or operator of the plant with the Environmental Protection Agency and the Federal Power Commission, and (C) for which such Commission has determined that88 Stat. 255 the certification has been made in good faith and that the plan to cease operations no later than January 1, 1980, will be carried out as planned in light of existing and prospective power supply requirements, shall be eligible for a single one-year postponement as provided in paragraph (2). “(2) Prior to the date on which any powerplant eligible under paragraph (1) is required to comply with any requirement of an applicable implementation plan, such plant may apply (with the concurrence of the Governor of the State in which such plant is located) to the Administrator to postpone the applicability of such requirement to such plant for not more than one year. If the Administrator determines, after considering the risk to public health and welfare which may be associated with a postponement, that compliance with any such requirement is not reasonable in light of the projected useful life of the plant, the availability of rate base increases to pay for the costs of such compliance, and other appropriate factors, then the Administrator shall grant a postponement of any such requirement. “(3) The Administrator shall, as a condition of any postponement under paragraph (2), prescribe such interim requirements as are practicable and reasonable in light of the criteria in paragraph (2). “(j) (1) The Administrator may, after public notice and opportunity

Public notice.

 for presentation of data, views, and arguments in accordance with section 553 of title 5, United States Code, and after consultation with the Federal Energy Administrator, designate persons with respect to whom fuel exchange requirements should be imposed under paragraph (2) of this subsection. The purpose of such designation shall be to avoid or minimize the adverse impact on public health and welfare of any suspension under subsection (b) of this section or conversion to coal to which subsection (c) applies or of any allocation under section 2(d) of the Energy Supply and Environmental Coordination Act of 1974 or under the Emergency Petroleum Allocation Act of 1973.

15 USC 751 note.

 “(2) The Federal Energy Administrator shall exercise his authority under section 2(d) of the Energy Supply and Environmental Coordination Act of 1974 and under the Emergency Petroleum Allocation Act of 1973 with respect to persons designated by the Administrator of the Environmental Protection Agency under paragraph (1) in order to require the exchange of any fuel subject to allocation under such Acts effective no later than forty-five days after the date of such designation, unless the Federal Energy Administrator determines, after consultation with the Administrator of the Environmental Protection Agency, that the costs or consumption of fuel, resulting from requiring such exchange, will be excessive. “(k) (1) The Administrator shall study, and report to Congress

Study; report to Congress.

 not later than six months after the date of enactment of this section, with respect to— “(A) the present and projected impact of fuel shortages and fuel allocation programs on the program under this Act; “(B) availability of continuous emission reduction technology (including projections respecting the time, cost, and number of units available) and the effects that continuous emission reduc-88 Stat. 256tion systems would have on the total environment and on supplies of fuel and electricity; “(C) the number of sources and locations which must use such technology based on projected fuel availability data; “(D) a priority schedule for installation of continuous emission reduction technology, based on public health or air quality; “(E) evaluation of availability of technology to burn municipal solid waste in electric powerplants or other major fuel burning installations, including time schedules, priorities, analysis of pollutants which may be emitted (including those for which national ambient air quality standards have not been promulgated), and a comparison of health benefits and detriments from burning solid waste and of economic costs; “(F) evaluation of alternative control strategies for the attainment and maintenance of national ambient air quality standards for sulfur oxides within the time for attainment prescribed in this Act, including associated considerations of cost, time for attainment, feasibility, and effectiveness of such alternative control strategies as compared to stationary source fuel and emission regulations; “(G) proposed priorities, for continuous emission reduction systems which do not produce solid waste, for sources which are least able to handle solid waste byproducts of such systems; “(H) plans for monitoring or requiring sources to which this section applies to monitor the impact of actions under this section on concentrations of sulfur dioxide in the ambient air; and “(I) steps taken pursuant to authority of section 110(a) (3) (B) of this Act. “(2) Beginning January 1, 1975, the Administrator shall publish

Publication in Federal Register.

 in the Federal Register, at no less than one-hundred-and-eighty-day intervals, the following: “(A) A concise summary of progress reports which are required to be filed by any person or source owner or operator to which subsection (c) applies. Such progress reports shall report on the status of compliance with all requirements which have been imposed by the Administrator under such subsection. “(B) Up-to-date findings on the impact of this section upon— “(i) applicable implementation plans, and “(ii) ambient air quality.”
SEC. 4. IMPLEMENTATION PLAN REVISIONS. (a) Section 110(a) of the Clean Air Act is amended in paragraph

42 USC 1857C–5.

 (3) by inserting “(A)” after “(3)” and by adding at the end thereof the following new subparagraph: “(B) As soon as practicable, the Administrator shall, consistent

Review.

 with the purposes of this Act and the Energy Supply and Environmental Coordination Act of 1974, review each State’s applicable implementation plans and report to the State on whether such plans can

Report to State.

 be revised in relation to fuel burning stationary sources (or persons supplying fuel to such sources) without interfering with the attainment and maintenance of any national ambient air quality standard within the period permitted in this section. If the Administrator

Revised plans, submittal.

 determines that any such plan can be revised, he shall notify the State that a plan revision may be submitted by the State. Any plan revision88 Stat. 257 which is submitted by the State shall, after public notice and opportunity

Public notice and hearing opportunity.

 for public hearing, be approved by the Administrator if the revision relates only to fuel burning stationary sources (or persons supplying fuel to such sources), and the plan as revised complies with paragraph (2) of this subsection. The Administrator shall approve or disapprove any revision no later than three months after its submission.” (b) Subsection (c) of section 110 of the Clean Air Act is amended

42 USC 1857C–5.

 by inserting “(1)” after “(c)”; by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by adding at the end thereof the following new paragraph: “(2) (A) The Administrator shall conduct a study and shall submit

Transportation regulations study.

Report, submittal to congressional committees.

 a report to the Committee on Interstate and Foreign Commerce of the United States House of Representatives and the Committee on Public Works of the United States Senate not later than three months after date of enactment of this paragraph on the necessity of parking surcharge, management of parking supply, and preferential bus/carpool lane regulations as part of the applicable implementation plans required under this section to achieve and maintain national primary ambient air quality standards. The study shall include an assessment of the economic impact of such regulations, consideration of alternative means of reducing total vehicle miles traveled, and an assessment of the impact of such regulations on other Federal and State programs dealing with energy or transportation. In the course of such study, the Administrator shall consult with other Federal officials including, but not limited to, the Secretary of Transportation, the Federal Energy Administrator, and the Chairman of the Council on Environmental Quality. “(B) No parking surcharge regulation may be required by the

Parking surcharge.

 Administrator under paragraph (1) of this subsection as a part of an applicable implementation plan. All parking surcharge regulations previously required by the Administrator shall be void upon the date of enactment of this subparagraph. This subparagraph shall not prevent the Administrator from approving parking surcharges if they are adopted and submitted by a State as part of an applicable implementation plan. The Administrator may not condition approval of any implementation plan submitted by a State on such plan’s including a parking surcharge regulation. “(C) The Administrator is authorized to suspend until January 1,

Regulations, suspension authority.

 1975, the effective date or applicability of any regulations for the management of parking supply or any requirement that such regulations be a part of an applicable implementation plan approved or promulgated under this section. The exercise of the authority under this subparagraph shall not prevent the Administrator from approving such regulations if they are adopted and submitted by a State as part of an applicable implementation plan. If the Administrator exercises the authority under this subparagraph, regulations requiring a review or analysis of the impact of proposed parking facilities before construction which take effect on or after January 1, 1975, shall not apply to parking facilities on which construction has been initiated before January 1, 1975. 88 Stat. 258 “(D) For purposes of this paragraph—

Definitions.

 “(i) The term ‘parking surcharge regulation’ means a regulation imposing or requiring the imposition of any tax, surcharge, fee, or other charge on parking spaces, or any other area used for the temporary storage of motor vehicles. “(ii) The term ‘management of parking supply’ shall include any requirement providing that any new facility containing a given number of parking spaces shall receive a permit or other prior approval, issuance of which is to be conditioned on air quality considerations. “(iii) The term ‘preferential bus/carpool lane’ shall include any requirement for the setting aside of one or more lanes of a street or highway on a permanent or temporary basis for the exclusive use of buses or carpools, or both. “(E) No Standard, plan, or requirement, relating to management

Promulgation.

 of parking supply or preferential bus/carpool lanes shall be promulgated after the date of enactment of this paragraph by the Administrator pursuant to this section, unless such promulgation had been subjected to at least one public hearing which has been held

Public hearing, notice.

 in the area affected and for which reasonable notice has been given in such area. If substantial changes are made following public hearings, one or more additional hearings shall be held in such area after such notice.”
SEC. 5. MOTOR VEHICLE EMISSIONS. (a) Section 202(b)(1)(A) of the Clean Air Act is amended by

42 USC 1857f–1.

 striking out “1975” and inserting in lieu thereof “1977”; and by inserting after “(A)” the following: “The regulations under subsection (a) applicable to emissions of carbon monoxide and hydrocarbons from light-duty vehicles and engines manufactured during model years 1975 and 1976 shall contain standards which are identical

Model years 1975 and 1976, standards.

 to the interim standards which were prescribed (as of December 1, 1973) under paragraph (5) (A) of this subsection for light-duty vehicles and engines manufactured during model year 1975.” (b) Section 202(b) (1) (B) of such Act is amended by striking out “1976” and inserting in lieu thereof “1978”; and by inserting after “(B)” the following: “The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model years 1975 and 1976 shall contain standards which are identical to the standards which were prescribed (as of December 1, 1973) under subsection (a) for light-duty vehicles and engines manufactured during model year 1975. The regulations under subsection (a) applicable to emissions of oxides of nitrogen from light-duty vehicles and engines manufactured during model year 1977 shall contain standards which provide that such emissions from such vehicles and engines may not exceed 2.0 grams per vehicle mile.” (c) Section 202(b)(5)(A) of such Act is amended to read as follows: “(5) (A) At any time after January 1, 1975, any manufacturer may

Model year 1977, suspension request.

 file with the Administrator an application requesting the suspension for one year only of the effective date of any emission standard required by paragraph (1) (A) with respect to such manufacturer for light-duty vehicles and engines manufactured in model year 1977. The Administrator shall make his determination with respect to any such application within sixty days. If he determines, in accordance88 Stat. 259 with the provisions of this subsection, that such suspension should be granted, he shall simultaneously with such determination prescribe by regulation interim emission standards which shall apply (in lieu of the standards required to be prescribed by paragraph (1) (A) of this subsection) to emissions of carbon monoxide or hydrocarbons (or both) from such vehicles and engines manufactured during model year 1977.” (d) Section 202(b) (5) (B) of the Clean Air Act is repealed and

Repeal.

42 USC 1857f–l.

 the following subparagraphs redesignated accordingly.
SEC. 6. CONFORMING AMENDMENTS. (a) (1) Section 113(a) (3) of the Clean Air Act is amended by striking

42 USC 1857c–8.

 out “or” before “112(c)”, by inserting a comma in lieu thereof, and by inserting after “hazardous emissions)” the following: “, or 119 (g) (relating to energy-related authorities)”. (2) Section 113(b) (3) of such Act is amended by striking out “or 112(c)” and inserting in lieu thereof “, 112(c), or 119(g)”. (3) Section 113(c)(1)(C) of such Act is amended by striking out “or section 112(c)” and inserting in lieu thereof “, section 112(c), or section 119(g)”. (4) Section 114(a) of such Act is amended by inserting “119 or”

42 USC 1857C–9.

 before “303”. (b) Section 116 of the Clean Air Act is amended by inserting “119

42 USC 1857d–l.

 (c), (e), and (f),” before “209”. (c) (1) The second sentence of subsection (b) of section 307 of such

42 USC 1857h–5.

 Act is amended by inserting “, or his action under section 119(c) (2) (A), (B), or (C) or under regulations thereunder,” after “111(d)”. (2) The third sentence of such subsection is amended by striking out “or approval” and inserting in lieu thereof “, approval, or action”.
SEC. 7. PROTECTION OF PUBLIC HEALTH AND ENVIRONMENT.

15 USC 793.

 (a) Any allocation program provided for in section 2 of this Act or in the Emergency Petroleum Allocation Act of 1973, shall, to the

15 USC 751 note.

 maximum extent practicable, include measures to assure that available low sulfur fuel will be distributed on a priority basis to those areas of the United States designated by the Administrator of the Environmental Protection Agency as requiring low sulfur fuel to avoid or minimize adverse impact on public health. (b) In order to determine the health effects of emissions of sulfur

Study.

 oxides to the air resulting from any conversions to burning coal to

Ante, p., 248.

 which section 119 of the Clean Air Act applies, the Department of Health, Education, and Welfare shall, through the National Institute of Environmental Health Sciences and in cooperation with the

Appropriation.

 Environmental Protection Agency, conduct a study of chronic effects among exposed populations. The sum of $3,500,000 is authorized to be appropriated for such a study. In order to assure that long-term studies can be conducted without interruption, such sums as are appropriated shall be available until expended. (c) (1) No action taken under the Clean Air Act shall be deemed

42 USC 1857.

 a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (83 Stat. 856).

42 USC 4321 note.

 (2) No action under section 2 of this Act for a period of one year after initiation of such action shall be deemed a major Federal action significantly affecting the quality of the human environment within88 Stat. 260 the meaning of the National Environmental Policy Act of 1969. However,

42 USC 4321 note.

 before any action under section 2 of this Act that has a significant impact on the environment is taken, if practicable, or in any event within sixty days after such action is taken, an environmental evaluation

Environment evaluation, availability.

 with analysis equivalent to that required under section 102(2) (C) of the National Environmental Policy Act, to the greatest extent

42 USC 4332.

 practicable within this time constraint, shall be prepared and circulated to appropriate Federal, State, and local government agencies and to the public for a thirty-day comment period after which a public

Hearing.

 hearing shall be held upon request to review outstanding environmental issues. Such an evaluation shall not be required where the action in question has been preceded by compliance with the National Environmental Policy Act by the appropriate Federal agency. Any action taken under section 2 of this Act which will be in effect for more than a one-year period or any action to extend an action taken under section 2 of this Act to a total period of more than one year shall be subject to the full provisions of the National Environmental Policy Act, notwithstanding any other provision of this Act. (d) In order to expedite the prompt construction of facilities

Hydroelectric energy facilities, construction.

 for the importation of hydroelectric energy thereby helping to reduce the shortage of petroleum products in the United States, the Federal Power Commission is hereby authorized and directed to issue a Presidential permit pursuant to Executive Order 10485 of September 3, 1953, for the construction, operation, maintenance, and connection

16 USC 824a note.

 of facilities for the transmission of electric energy at the borders of the United States without preparing an environmental impact statement pursuant to section 102 of the National Environmental Policy Act of 1969 (83 Stat. 856) for facilities for the transmission of electric

42 USC 4332.

 energy between Canada and the United States in the vicinity of Fort Covington, New York.
SEC. 8. ENERGY CONSERVATION STUDY.

15 USC 794.

 (a) The Federal Energy Administrator shall conduct a study on potential methods of energy conservation and, not later than six

Report to Congress.

 months after the date of enactment of this Act, shall submit to Congress a report on the results of such study. The study shall include, but not be limited to, the following: (1) the energy conservation potential of restricting exports of fuels or energy-intensive products or goods, including an analysis of balance-of-payments and foreign relations implications of any such restrictions; (2) alternative requirements, incentives, or disincentives for increasing industrial recycling and resource recovery in order to reduce energy demand, including the economic costs and fuel consumption tradeoff which may be associated with such recycling and resource recovery in lieu of transportation and use of virgin materials; and (3) means for incentives or disincentives to increase efficiency of industrial use of energy. (b) Within ninety days of the date of enactment of this Act, the

Emergency Mass Transportation Assistance Plan, submittal to Congress.

 Secretary of Transportation, after consultation with the Federal Energy Administrator, shall submit to the Congress for appropriate action an “Emergency Mass Transportation Assistance Plan” for the purpose of conserving energy by expanding and improving public88 Stat. 261 mass transportation systems and encouraging increased ridership as alternatives to automobile travel. (c) Such plan shall include, but shall not be limited to— (1) recommendations for emergency temporary grants to assist

Grants.

 States and local public bodies and agencies thereof in the payment of operating expenses incurred in connection with the provision of expanded mass transportation service in urban areas; (2) recommendations for additional emergency assistance for the purchase of buses and rolling stock for fixed rail, including the feasibility of accelerating the timetable for such assistance under section 142(a)(2) of title 23, United States Code (the “Federal Aid Highway Act of 1973”), for the purpose of providing additional capacity for and encouraging increased use of public mass transportation systems; (3) recommendations for a program of demonstration projects

Fares.

 to determine the feasibility of fare-free and low-fare urban mass transportation systems, including reduced rates for elderly and handicapped persons during nonpeak hours of transportation; (4) recommendations far additional emergency assistance for

Fringe parking.

 the construction of fringe and transportation corridor parking facilities to serve bus and other mass transportation passengers; (5) recommendations on the feasibility of providing tax incentives

Tax incentives.

 for persons who use public mass transportation systems.
SEC. 9. REPORT.

15 USC 795.

 The Administrator of the Environmental Protection Agency shall

Report to Congress.

 report to Congress not later than January 31, 1975, on the implementation of sections 3 through 7 of this Act.
SEC. 10. FUEL ECONOMY STUDY. Title II of the Clean Air Act is amended by redesignating section

42 USC 1857f–1.

 213 as section 214 and by adding the following new section:
“fuel economy improvement from new motor vehicles
“Sec. 213. (a) (1) The Administrator and the Secretary of Transportation

42 USC 1857f–6f.

Report to congressional committees.

 shall conduct a joint study, and shall report to the Committee on Interstate and Foreign Commerce of the United States House of Representatives and the Committees on Public Works and Commerce of the United States Senate within one hundred and twenty days following the date of enactment of this section, concerning the practicability of establishing a fuel economy improvement standard of 20 per centum for new motor vehicles manufactured during and after model year 1980. Such study and report shall include, but not be limited to, the technological problems of meeting any such standard, including the leadtime involved; the test procedures required to determine compliance; the economic costs associated with such standard, including any beneficial economic impact; the various means of enforcing such standard; the effect on consumption of natural resources, including energy consumed; and the impact of applicable safety and emission standards. In the course of performing such study, the Administrator and the Secretary of Transportation shall utilize the research previously performed in the Department of Transportation, and the Administrator and the Secretary shall consult with the Federal Energy88 Stat. 262 Administrator the Chairman of the Council on Environmental

OMB review and comments.

 Quality, and the Secretary of the Treasury. The Office of Management and Budget may review such report before its submission to such committees of the Congress, but such Office may not revise the report or delay its submission beyond the date prescribed for its

42 USC 1857h–5.

 submission, and may submit to Congress its comments respecting such report. In connection with such study, the Administrator may utilize the authority provided in section 307(a) of this Act to obtain necessary information. “(2) For the purpose of this section, the term ‘fuel economy improvement

“Fuel economy improvement standard.”

 standard’ means a requirement of a percentage increase in the number of miles of transportation provided by a manufacturer’s entire annual production of new motor vehicles per unit of fuel consumed, as determined for each manufacturer in accordance with test procedures established by the Administrator pursuant to this Act. Such term shall not include any requirement for any design standard or any other requirement specifying or otherwise limiting the manufacturer’s discretion in deciding how to comply with the fuel economy improvement standard by any lawful means.”
SEC. 11. REPORTING OF ENERGY INFORMATION.

15 USC 796.

 (a) For the purpose of assuring that the Federal Energy Administrator, the Congress, the States, and the public have access to and are able to obtain reliable energy information, the Federal Energy Administrator shall request, acquire, and collect such energy information as he determines to be necessary to assist in the formulation of energy policy or to carry out the purposes of this Act or the Emergency Petroleum Allocation Act of 1973. The Federal Energy Administrator

15 USC 751 note.

Rules.

 shall promptly promulgate rules pursuant to subsection (b) (1) (A) of this section requiring reports of such information to be submitted to the Federal Energy Administrator at least every ninety calendar days. (b) (1) In order to obtain energy information for the purpose of carrying out the provisions of subsection (a), the Federal Energy Administrator is authorized— (A) to require, by rule, any person who is engaged in the production, processing, refining, transportation by pipeline, or distribution (at other than the retail level) of energy resources to submit reports; (B) to sign and issue subpenas for the attendance and testimony of witnesses and the production of books, records, papers, and other documents; (C) to require any person, by general or special order, to submit answers in writing to interrogatories, requests for reports or for other information; and such answers or other submissions shall be made within such reasonable period, and under oath or otherwise, as the Federal Energy Administrator may determine; and (D) to administer oaths. (2) For the purpose of verifying the accuracy of any energy

Accuracy, verification.

 information requested, acquired, or collected by the Federal Energy Administrator, the Federal Energy Administrator, or any officer or88 Stat. 263 employer duly designated by him, upon presenting appropriate credentials and a written notice from the Federal Energy Administrator to the owner, operator, or agent in charge, may— (A) enter, at reasonable times, any business premise or facility; and (B) inspect, at reasonable times and in a reasonable manner, any such premise or facility, inventory and sample any stock of energy resources therein, and examine and copy books, records, papers, or other documents, relating to any such energy information. (3) Any United States district court within the jurisdiction of

Compliance order.

 which any inquiry is carried on may, upon petition by the Attorney General at the request of the Federal Energy Administrator, in the case of refusal to obey a subpena or order of the Federal Energy Administrator issued under this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) (1) The Federal Energy Administrator shall exercise the authorities granted to him under subsection (b)(1)(A) to develop, within thirty days after the date of enactment of this Act, as full and accurate a measure as is reasonably practicable of— (A) domestic reserves and production; (B) imports; and (C) inventories; of crude oil, residual fuel oil, refined petroleum products, natural gas, and coal. (2) For each calendar quarter beginning with the first complete

Energy information, quarterly report.

 calendar quarter following the date of enactment of this Act, the Federal Energy Administrator shall develop and publish a report containing the following energy information: (A) Imports of crude oil, residual fuel oil, refined petroleum products (by product), natural gas, and coal, identifying (with respect to each such oil, product, gas, or coal) country of origin, arrival point, quantity received, and the geographic distribution within the United States. (B) Domestic reserves and production of crude oil, natural gas, and coal. (C) Refinery activities, showing for each refinery within the United States (i) the amounts of crude oil run by such refinery, (ii) amounts of crude oil allocated to such refinery pursuant to regulations and orders of the Federal Energy Administrator, his delegate pursuant to the Emergency Petroleum Allocation Act of 1973, or any other person authorized by law to issue regulations and orders with respect to the allocation of crude oil, (iii) percentage of refinery capacity utilized, and (iv) amounts of products refined from such crude oil. (D) Report of inventories, on a national, regional, and State-by-State basis— (i) of various refined petroleum products, relating refiners, refineries, suppliers to refiners, share of market, and allocation fractions; (ii) of various refined petroleum products, previous quarter deliveries and anticipated three-month available supplies; 88 Stat. 264 (iii) of anticipated monthly supply of refined petroleum products, amount of set-aside for assignment by the State, anticipated State requirements, excess or shortfall of supply, and allocation fraction of base year; and (iv) of LPG by State and owner: quantities stored, and existing capacities, and previous priorities on types, inventories of suppliers, and changes in supplier inventories. (d) Upon a showing satisfactory to the Federal Energy Administrator

Confidential information.

 by any person that any energy information obtained under this section from such person would, if made public, divulge methods or processes entitled to protection as trade secrets or other proprietary information of such person, such information, or portion thereof, shall be confidential in accordance with the provisions of section 1905 of title 18, United States Code; except that such information, or part thereof, shall not be deemed confidential for purposes of disclosure, upon request, to (1) any delegate of the Federal Energy Administrator for the purpose of carrying out this Act and the Emergency Petroleum Allocation Act of 1973, (2) the Attorney General, the Secretary of the

15 USC 751 note.

 Interior, the Federal Trade Commission, the Federal Power Commission, or the General Accounting Office, when necessary to carry out those agencies’ duties and responsibilities under this and other statutes, and (3) the Congress, or any committee of Congress upon request of the Chairman. (e) As used in this section:

Definitions.

 (1) The term “energy information” includes (A) all information in whatever form on (i) fuel reserves, exploration, extraction, and energy resources (including petrochemical feedstocks) wherever located; (ii) production, distribution, and consumption of energy and fuels wherever carried on; and (B) matters relating to energy and fuels, such as corporate structure and proprietary relationships, costs, prices, capital investment, and assets, and other matters directly related thereto, wherever they exist. (2) The term “person” means any natural person, corporation, partnership, association, consortium, or any entity organized for a common business purpose, wherever situated, domiciled, or doing business, who directly or through other persons subject to their control does business in any part of the United States. (3) The term “United States” when used in the geographical sense means the States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (f) Information obtained by the Administration under authority

Information, availability.

 of this Act shall be available to the public in accordance with the provisions of section 552 of title 5, United States Code. (g) (1) The authority contained in this section is in addition to, independent of, not limited by, and not in limitation of, any other authority of the Federal Energy Administrator. (2) The provisions of this section expire at midnight, June 30, 1975,

Expiration date.

 but such expiration shall not affect any administrative or judicial proceeding which relates to any act or failure to act if such act or failure to act was not in compliance with the requirements and authorities of this section and occurred prior to midnight, June 30, 1975.
SEC. 12. ENFORCEMENT.

15 USC 797.

 (a) It shall be unlawful for any person to violate any provision of section 2 (relating to coal conversion and allocation) or section 11 (relating to energy information) or to violate any rule, regulation, or order issued pursuant to any such provision. (b) (1) Whoever violates any provision of subsection (a) shall be

Penalties.

 subject to a civil penalty of not more than $2,500 for each violation. 88 Stat. 265 (2) Whoever willfully violates any provision of subsection (a) shall be fined not more than $5,000 for each violation. (3) It shall be unlawful for any person to offer for sale or distribute in commerce any coal in violation of an order or regulation issued pursuant to section 2 (d). Any person who knowingly and willfully violates this paragraph after having been subjected to a civil penalty for a prior violation of the same provision of any order or regulation issued pursuant to section 2(d) shall be fined not more than $50,000, or imprisoned not more than six months, or both. (4) Whenever it appears to the Federal Energy Administrator or any person authorized by the Federal Energy Administrator to exercise authority under this section 2 or section 11 of this Act that any individual or organization has engaged, is engaged, or is about to engage in acts or practices constituting a violation of subsection (a) the Federal Energy Administrator or such person may request the Attorney General to bring a civil action to enjoin such acts or practices, and upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be granted without bond. In such action, the court may also issue mandatory injunctions commanding any person to comply with any provision, the violation of which is prohibited by subsection (a). (5) Any person suffering legal wrong because of any act or practice arising out of any violation of subsection (a) may bring a civil action for appropriate relief, including an action for a declaratory judgment or writ of injunction. United States district courts shall have jurisdiction of actions under this paragraph without regard to the amount in controversy. Nothing in this paragraph shall authorize any person to recover damages.
SEC. 13. EXTENSION OF CLEAN AIR ACT AUTHORIZATION. (a) Section 104(c) of the Clean Air Act is amended by striking “and $150,000,000 for the fiscal year ending June 30, 1974” and inserting in lieu thereof “, $150,000,000 for the fiscal year ending June 30, 1974, and $150,000,000 for the fiscal year ending June 30, 1975.” (b) Section 212(i) of such Act is amended by striking “three

42 USC 1857f–6e.

 succeeding fiscal years.” and inserting in lieu thereof “four succeeding fiscal years.”. (c) Section 316 of such Act is amended by striking “and $300,000,000

42 USC 1857l.

 for the fiscal year ending June 30, 1974” and inserting in lieu thereof “, $300,000,000 for the fiscal year ending June 30, 1974, and $300,000,000 for the fiscal year ending June 30, 1975”.
SEC. 14. DEFINITIONS.

15 USC 798.

 (a) For purposes of this Act and the Clean Air Act the term

42 USC 1857 note.

 “Federal Energy Administrator” means the Administrator of the Federal Energy Administration established by Federal Energy Administration Act of 1074 (Public Law 93–275); except that until

Ante, p. 96.

 such Administrator takes office and after such Administration ceases to exist, such term means any officer of the United States designated as Federal Energy Administrator by the President for purposes of this Act and section 119 of the Clean Air Act.

Ante, p. 248.

 (b) For purposes of this Act, the term “petroleum product” means crude oil, residual fuel oil, or any refined petroleum product (as defined in section 3(5) of the Emergency Petroleum Allocation Act of 1973).

15 USC 752.
Approved June 22, 1974.
Public Law 93–320: To authorize the construction, operation, and maintenance of certain works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico. Public Law 320 88 Stat. 266 1974-06-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 266 Public Law 93–320
An Act To authorize the construction, operation, and maintenance of certain works in the Colorado River Basin to control the salinity of water delivered to users in the United States and Mexico.

June 24, 1974

[H. R. 12165]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Colorado River Basin Salinity Control Act.

43 USC 1571 note.

 be cited as the “Colorado River Basin Salinity Control Act”.
<num value="I">TITLE I—</num> <heading class="inline">PROGRAMS DOWNSTREAM FROM IMPERIAL DAM</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Interior, hereinafter referred to<sidenote><p class="firstIndent1 fontsize8">U.S. and Mexico, water quality improvement.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1571">43 USC 1571</ref>.</p></sidenote> as the “Secretary”, is authorized and directed to proceed with a program of works of improvement for the enhancement and protection of the quality of water available in the Colorado River for use in the United States and the Republic of Mexico, and to enable the United States to comply with its obligations under the agreement with Mexico of August 30, 1973 (Minute No. 242 of the International Boundary and Water Commission, United States and Mexico), concluded pursuant <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t24/s1968">24 UST 1968</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote> to the Treaty of February 3, 1944 (TS 994), in accordance with the provisions of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary is authorized to construct, operate, and maintain a desalting complex, including (1) a desalting plant to reduce the salinity of drain water from the Wellton-Mohawk division of the<sidenote><p class="firstIndent1 fontsize8">Desalting complexes, construction and maintenance.</p></sidenote> Gila project, Arizona (hereinafter referred to as the division), including a pretreatment plant for settling, softening, and filtration of the drain water to be desalted; (2) the necessary appurtenant works including the intake pumping plant system, product waterline, power transmission facilities, and permanent operating facilities; (3) the necessary extension in the United States and Mexico of the existing bypass drain to carry the reject stream from the desalting plant and other drainage waters to the Santa Clara Slough in Mexico, with the part in Mexico, subject to arrangements made pursuant to section 101(d); (4) replacement of the metal flume in the existing main outlet drain extension with a concrete siphon; (5) reduction of the quantity of irrigation return flows through acquisition of lands to reduce the size of the division, and irrigation efficiency improvements to minimize return flows; (6) acquire on behalf of the United States such lands or interest in lands in the Painted Rock Reservoir as may be necessary to operate the project in accordance with the obligations of Minute No. 242, and (7) all associated facilities including roads, railroad spur, and transmission lines.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The desalting plant shall be designed to treat approximately<sidenote><p class="firstIndent1 fontsize8">Desalting plants, treatment capacity.</p></sidenote> one hundred and twenty-nine million gallons a day of drain water using advanced technology commercially available. The plant shall effect recovery initially of not less than 70 per centum of the drain water as product water, and shall effect reduction of not less than 90 per centum of the dissolved solids in the feed water. The Secretary shall use sources of electric power supply for the desalting complex that will not diminish the supply of power to preference customers from Federal power systems operated by the Secretary. All costs<sidenote><p class="firstIndent1 fontsize8">Nonreimbursable costs.</p></sidenote> associated with the desalting plant shall be nonreimbursable.</content> </paragraph> </subsection> <page identifier="/us/stat/88/267">88 <inline class="smallCaps">Stat</inline>. 267</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Replacement of the reject stream from the desalting plant and <sidenote><p class="firstIndent1 fontsize8">Replacement water, studies.</p></sidenote> of any Wellton-Mohawk drainage water bypassed to the Santa Clara Slough to accomplish essential operation except at such times when there exists surplus water of the Colorado River under the terms of the Mexican Water Treaty of 1944, is recognized as a national obligation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote> as provided in section 202 of the Colorado River Basin Project Act (82 Stat. 895). Studies to identify feasible measures to provide <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1512">43 USC 1512</ref>.</p></sidenote> adequate replacement water shall be completed not later than June 30, 1980. Said studies shall be limited to potential sources within the States of Arizona, California, Colorado, New Mexico, and those portions of Nevada, Utah, and Wyoming which are within the natural drainage basin of the Colorado River. Measures found necessary to replace the reject stream from the desalting plant and any Wellton-Mohawk drainage bypassed to the Santa Clara Slough to accomplish essential operations may be undertaken independently of the national obligation set forth in section 202 of the Colorado River Basin Project Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The Secretary is hereby authorized to advance funds to the <sidenote><p class="firstIndent1 fontsize8">U.S. section, IBWC, advance funds.</p></sidenote> United States section, International Boundary and Water Commission (IBWC), for construction, operation, and maintenance by Mexico pursuant to Minute No. 242 of that portion of the bypass drain <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t24/s1968">24 UST 1968</ref>.</p></sidenote> within Mexico. Such funds shall be transferred to an appropriate Mexican agency, under arrangements to be concluded by the IBWC providing for the construction, operation, and maintenance of such facility by Mexico.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Any desalted water not needed for the purposes of this title <sidenote><p class="firstIndent1 fontsize8">Desalted water exchange.</p></sidenote> may be exchanged at prices and under terms and conditions satisfactory to the Secretary and the proceeds therefrom shall be deposited in the General Fund of the Treasury. The city of Yuma, Arizona, shall have first right of refusal to any such water.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <chapeau class="inline">For the purpose of reducing the return flows from the division <sidenote><p class="firstIndent1 fontsize8">Return flow reduction.</p></sidenote> to one hundred and seventy-five thousand acre-feet or less, annually, the Secretary is authorized to:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Accelerate the cooperative program of Irrigation Management Services with the Wellton-Mohawk Irrigation and Drainage District, hereinafter referred to as the district, for the purpose of improving irrigation efficiency. The district shall bear its share of the cost of such program as determined by the Secretary.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Acquire, by purchase or through eminent domain or <sidenote><p class="firstIndent1 fontsize8">Irrigable acreage reduction.</p></sidenote> exchange, to the extent determined by him to be appropriate, lands or interests in lands to reduce the existing seventy-five thousand developed and undeveloped irrigable acres authorized by the Act of July 30, 1947 (61 Stat. 628), known as the Gila Reauthorization Act. The initial reduction in irrigable acreage <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s613">43 USC 613</ref>.</p><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> shall be limited to approximately ten thousand acres. If the Secretary determines that the irrigable acreage of the division must be reduced below sixty-five thousand acres of irrigable lands to carry out the purpose of this section, the Secretary is authorized, with the consent of the district, to acquire additional lands, as may be deemed by him to be appropriate.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">The Secretary is authorized to dispose of the acquired lands <sidenote><p class="firstIndent1 fontsize8">Acquired lands, disposal.</p></sidenote> and interests therein on terms and conditions satisfactory to him and meeting the objective of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">The Secretary is authorized, either in conjunction with or in <sidenote><p class="firstIndent1 fontsize8">System improvements, installation assistance.</p></sidenote> lieu of land acquisition, to assist water users in the division in installing system improvements, such as ditch lining, change of field layouts, automatic equipment, sprinkler systems and bubbler systems, as a means of increasing irrigation efficiencies: <i>Provided, however</i>, That<page identifier="/us/stat/88/268">88 <inline class="smallCaps">Stat</inline>. 268</page> all costs associated with the improvements authorized herein and allocated <sidenote><p class="firstIndent1 fontsize8">Costs, reimbursement to U.S.</p></sidenote> to the water users on the basis of benefits received, as determined by the Secretary, shall be reimbursed to the United States in amounts and on terms and conditions satisfactory to the Secretary.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <chapeau class="inline">The Secretary is authorized to amend the contract between the<sidenote><p class="firstIndent1 fontsize8">Contract amendment.</p></sidenote> United States and the district dated March 4, 1952, as amended, to provide that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the portion of the existing repayment obligation owing to the United States allocable to irrigable acreage eliminated from the division for the purposes of this title, as determined by the Secretary, shall be nonreimbursable; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">if deemed appropriate by the Secretary, the district shall be given credit against its outstanding repayment obligation to offset any increase in operation and maintenance assessments per acre which may result from the district’s decreased operation and maintenance base, all as determined by the Secretary.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="j">(j) </num> <content class="inline">The Secretary is authorized to acquire through the Corps of<sidenote><p class="firstIndent1 fontsize8">Land acquisition for storage.</p></sidenote> Engineers fee title to, or other necessary interests in, additional lands above the Painted Rock Dam in Arizona that are required for the temporary storage capacity needed to permit operation of the dam and reservoir in times of serious flooding in accordance with the obligations of the United States under Minute No. 242. No funds shall be<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/ust/t24/s1968">24 UST 1968</ref>.</p></sidenote> expended for acquisition of land or interests therein until it is finally determined by a Federal court of competent jurisdiction that the Corps of Engineers presently lacks legal authority to use said lands for this purpose. Nothing contained in this title nor any action taken pursuant to it shall be deemed to be a recognition or admission of any obligation to the owners of such land on the part of the United States or a limitation or deficiency in the rights or powers of the United States with respect to such lands or the operation of the reservoir.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">(k) </num> <content class="inline">To the extent desirable to carry out sections 101(f)(1) and<sidenote><p class="firstIndent1 fontsize8">Transfer of funds.</p></sidenote> 101(h), the Secretary may transfer funds to the Secretary of Agriculture as may be required for technical assistance to farmers, conduct of research and demonstrations, and such related investigations as are required to achieve higher on-farm irrigation efficiencies.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="l">(l) </num> <content class="inline">All cost associated with the desalting complex shall be nonreimbursable <sidenote><p class="firstIndent1 fontsize8">Nonreimbursable costs.</p></sidenote> except as provided in sections 101 (f) and 101 (h).</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To assist in meeting salinity control objectives of<sidenote><p class="firstIndent1 fontsize8">Canal or canal lining, construction.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1572">43 USC 1572</ref>.</p></sidenote> Minute No. 242 during an interim period, the Secretary is authorized to construct a new concrete-lined canal or, to line the presently unlined portion of the Coachella Canal of the Boulder Canyon project, California, from station 2 plus 26 to the beginning of siphon numbered 7, a length of approximately forty-nine miles. The United States shall be entitled to temporary use of a quantity of water, for the purpose of meeting the salinity control objectives of Minute No. 242, during an interim period, equal to the quantity of water conserved by constructing or lining the said canal. The interim period shall commence on completion of construction or lining said canal and shall end the first year that the Secretary delivers main stream Colorado River water to California in an amount less than the sum of the quantities requested by (1) the California agencies under contracts made pursuant to section 5 of the Boulder Canyon Project Act (45 Stat. 1057),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s617d">43 USC 617d</ref>.</p></sidenote> and (2) Federal establishments to meet their water rights acquired in California in accordance with the Supreme Court decree in Arizona against California (376 U.S. 340).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The charges for total construction shall be repayable without<sidenote><p class="firstIndent1 fontsize8">Repayment.</p></sidenote> interest in equal annual installments over a period of forty years beginning in the year following completion of construction: <proviso><i>Provided</i>,<page identifier="/us/stat/88/269">88 <inline class="smallCaps">Stat</inline>. 269</page> That, repayment shall be prorated between the United States and the <sidenote><p class="firstIndent1 fontsize8">Repayment contract.</p></sidenote> Coachella Valley County Water District, and the Secretary is authorized to enter into a repayment contract with Coachella Valley County Water District for that purpose. Such contract shall provide that annual repayment installments shall be nonreimbursable during the interim period, defined in section 102(a) of this title and shall provide that after the interim period, said annual repayment installments or portions thereof, shall be paid by Coachella Valley County Water District</proviso>.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Secretary is authorized to acquire by purchase, eminent <sidenote><p class="firstIndent1 fontsize8">Private lands, acquisition.</p></sidenote> domain, or exchange private lands or interests therein, as may be determined by him to be appropriate, within the Imperial Irrigation District on the Imperial East Mesa which receive, or which have been granted rights to receive, water from Imperial Irrigation District’s capacity in the Coachella Canal. Costs of such acquisitions shall be nonreimbursable and the Secretary shall return such lands to the public domain. The United States shall not acquire any water rights by reason of this land acquisition.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The Secretary is authorized to credit Imperial Irrigation District <sidenote><p class="firstIndent1 fontsize8">Imperial Irrigation District, construction charges, credit.</p></sidenote> against its final payments for certain outstanding construction charges payable to the United States on account of capacity to be relinquished in the Coachella Canal as a result of the canal lining program, all as determined by the Secretary: <proviso><i>Provided</i>, That, relinquishment of capacity shall not affect the established basis for allocating operation and maintenance costs of the main All-American Canal to existing contractors</proviso>.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <chapeau class="inline">The Secretary is authorized and directed to cede the following <sidenote><p class="firstIndent1 fontsize8">Cocopah Tribe of Indians, lands in trust.</p></sidenote> land to the Cocopah Tribe of Indians, subject to rights-of-way for existing levees, to be held in trust by the United States for the Cocopah Tribe of Indians:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <content> <list> <listItem> <listContent class="indent1 firstIndent1 fontsize10 depth0">Township 9 south, range 25 west of the Gila and Salt River meridian, Arizona;</listContent> <list> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">Section 25: Lots 18,19,20,21,22, and 23;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">Section 26: Lots 1,12,13,14, and 15;</listContent> </listItem> <listItem> <listContent class="indent2 firstIndent1 fontsize10 depth1">Section 27: Lot 3 ; and all accretion to the above described lands.</listContent> </listItem> </list> </listItem> </list> </content> </paragraph> </subsection> <continuation class="inline">The Secretary is authorized and directed to construct three bridges, <sidenote><p class="firstIndent1 fontsize8">Bridges, construction.</p></sidenote> one of which shall be capable of accommodating heavy vehicular traffic, over the portion of the bypass drain which crosses the reservation of the Cocopah Tribe of Indians. The transfer of lands to the Cocopah Indian Reservation and the construction of bridges across the bypass drain shall constitute full and complete payment to said tribe for the rights-of-way required for construction of the bypass drain and electrical transmission lines for works authorized by this title.</continuation> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary is authorized to: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1573">43 USC 1573</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Construct, operate, and maintain, consistent with Minute <sidenote><p class="firstIndent1 fontsize8">Well fields, construction and maintenance.</p><p class="firstIndent1 fontsize8"><ref href="/us/ust/t24/s1968">24 UST 1968</ref>.</p></sidenote> No. 242, well fields capable of furnishing approximately one hundred and sixty thousand acre-feet of water per year for use in the United States and for delivery to Mexico in satisfaction of the 1944 Mexican Water Treaty. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/59/1219">59 Stat. 1219</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Acquire by purchase, eminent domain, or exchange, to the <sidenote><p class="firstIndent1 fontsize8">Land acquisition.</p></sidenote> extent determined by him to be appropriate, approximately twenty-three thousand five hundred acres of lands or interests therein within approximately five miles of the Mexican border on the Yuma Mesa: <proviso><i>Provided, however</i>, That any such lands which are presently owned by the State of Arizona may be acquired or exchanged for Federal lands</proviso>.</content> </paragraph> <page identifier="/us/stat/88/270">88 <inline class="smallCaps">Stat</inline>. 270</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Any lands removed from the jurisdiction of the Yuma<sidenote><p class="firstIndent1 fontsize8">Land replacement.</p></sidenote> Mesa Irrigation and Drainage District pursuant to clause (2) of this subsection which were available for use under the Gila Reauthorization Act (61 Stat. 628), shall be replaced with like<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s613">43 USC 613</ref>.</p></sidenote> lands within or adjacent to the Yuma Mesa division of the project. In the development of these substituted lands or any other lands within the Gila project, the Secretary may provide for full utilization of the Gila Gravity Main Canal in addition to contracted capacities, (b) The cost of work provided for in this section, including delivery<sidenote><p class="firstIndent1 fontsize8">Nonreimbursable costs.</p></sidenote> of water to Mexico, shall be nonreimbursable; except to the extent that the waters furnished are used in the United States.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">The Secretary is authorized to provide for modifications of the projects authorized by this title to the extent he determines appropriate for purposes of meeting the international settlement objective of this title at the lowest overall cost to the United States. No funds for any such modification<sidenote><p class="firstIndent1 fontsize8">Project modification.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1574">43 USC 1574</ref>.</p></sidenote> shall be expended until the expiration of sixty days after the proposed modification has been submitted to the appropriate committees of the Congress, unless the Congress approves an earlier date by concurrent resolution. The Secretary shall notify the Governors of the Colorado River Basin States of such modifications.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">The Secretary is hereby authorized to enter into contracts<sidenote><p class="firstIndent1 fontsize8">Contract authority.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1575">43 USC 1575</ref>.</p></sidenote> that he deems necessary to carry out the provisions of this title in advance of the appropriation of funds therefor.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">In carrying out the provisions of this title, the Secretary<sidenote><p class="firstIndent1 fontsize8">Interagency cooperation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1576">43 USC 1576</ref>.</p></sidenote> shall consult and cooperate with the Secretary of State, the Administrator of the Environmental Protection Agency, the Secretary of Agriculture, and other affected Federal, State, and local agencies.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">Nothing in this Act shall be deemed to modify the National<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1577">43 USC 1577</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1251">33 USC 1251 note</ref>.</p></sidenote> Environmental Policy Act of 1969, the Federal Water Pollution Control Act, as amended, or, except as expressly stated herein, the provisions of any other Federal law.</content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">There is hereby authorized to be appropriated the sum<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1578">43 USC 1578</ref>.</p></sidenote> of $121,500,000 for the construction of the works and accomplishment of the purposes authorized in sections 101 and 102, and $34,000,000 to accomplish the purposes of section 103, based on April 1973 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in construction costs involved therein, and such sums as may be required to operate and maintain such works and to provide for such modifications as may be made pursuant to section 104. There is further authorized to be appropriated such sums as may be necessary to pay condemnation awards in excess of appraised values and to cover costs required in connection with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 90–646).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4601">42 USC 4601 note</ref>.</p></sidenote></content> </section> <num value="II">TITLE II—</num> <heading class="inline">MEASURES UPSTREAM FROM IMPERIAL DAM</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of the Interior shall implement the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1591">43 USC 1591</ref>.</p></sidenote> salinity control policy adopted for the Colorado River in the “Conclusions and Recommendations” published in the Proceedings of the Reconvened Seventh Session of the Conference in the Matter of Pollution of the Interstate Waters of the Colorado River and Its Tributaries in the States of California, Colorado, Utah, Arizona, Nevada, New Mexico, and Wyoming, held in Denver, Colorado, on April 26–27, 1972, under the authority of section 10 of the Federal Water Pollution Control Act (33 U.S.C. 1160), and approved by the Administrator of the Environmental Protection Agency on June 9, 1972.</content> </subsection> <page identifier="/us/stat/88/271">88 <inline class="smallCaps">Stat</inline>. 271</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary is hereby directed to expedite the investigation, planning, and implementation of the salinity control program generally as described in chapter VI of the Secretary’s report entitled, “Colorado River Water Quality Improvement Program, February 1972”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">In conformity with section 201 (a) of this title and the authority <sidenote><p class="firstIndent1 fontsize8">Interagency cooperation.</p></sidenote> of the Environmental Protection Agency under Federal laws, the Secretary, the Administrator of the Environmental Protection Agency, and the Secretary of Agriculture are directed to cooperate and coordinate their activities effectively to carry out the objective of this title.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <chapeau class="inline">The Secretary is authorized to construct, operate, and <sidenote><p class="firstIndent1 fontsize8">Salinity control units, construction and maintenance.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1592">43 USC 1592</ref>.</p></sidenote> maintain the following salinity control units as the initial stage of the Colorado River Basin salinity control program.</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The Paradox Valley unit, Montrose County, Colorado, consisting of facilities for collection and disposition of saline ground water of Paradox Valley, including wells, pumps, pipelines, solar evaporation ponds, and all necessary appurtenant and associated works such as roads, fences, dikes, power transmission facilities, and permanent operating facilities.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Grand Valley unit, Colorado, consisting of measures and all necessary appurtenant and associated works to reduce the seepage of irrigation water from the irrigated lands of Grand Valley into the ground water and thence into the Colorado River. Measures shall include lining of canals and laterals, arid the combining of existing canals and laterals into fewer and more efficient facilities. Prior to initiation of construction of the Grand Valley unit the Secretary shall enter into contracts through which the agencies owning, operating, and maintaining the water distribution systems in Grand Valley, singly or in concert, will assume all obligations relating to the continued operation and maintenance of the unit’s facilities to the end that the maximum reduction of salinity inflow to the Colorado River will be achieved. The Secretary is also authorized to provide, as an element of the Grand Valley unit, for a technical staff to provide information and assistance to water users on means and measures for limiting excess water applications to irrigated lands: <proviso><i>Provided</i>, That such assistance shall not exceed a period of five years after funds first become available under this title. The Secretary will enter into agreements with the Secretary of Agriculture to develop a unified control plan for the Grand Valley unit. The Secretary of Agriculture is directed to cooperate in the planning and construction of on-farm system measures under programs available to that Department</proviso>.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Crystal Geyser unit, Utah, consisting of facilities for collection and disposition of saline geyser discharges; including dikes, pipelines, solar evaporation ponds, and all necessary appurtenant works including operating facilities.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Las Vegas Wash unit, Nevada, consisting of facilities for collection and disposition of saline ground water of Las Vegas Wash, including infiltration galleries, pumps, desalter, pipelines, solar evaporation facilities, and all appurtenant works including but not limited to roads, fences, power transmission facilities, and operating facilities.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary is authorized and directed to—</chapeau> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1593">43 USC 1593</ref>.</p></sidenote> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Expedite completion of the planning reports on the following <sidenote><p class="firstIndent1 fontsize8">Planning reports.</p></sidenote> units, described in the Secretary’s report, “Colorado River Water Quality Improvement Program, February 1972”:</chapeau> <page identifier="/us/stat/88/272">88 <inline class="smallCaps">Stat</inline>. 272</page> <paragraph class="indent1 firstIndent1 fontsize10"> <content> <list> <listItem> <num value="i">(i) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">Irrigation source control:</listContent> <list> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Lower Gunnison</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Uintah Basin</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Colorado River Indian Reservation</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Palo Verde Irrigation District</listContent></listItem> </list> </listItem> </list> <list> <listItem> <num value="ii">(ii) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">Point source control:</listContent> <list> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">LaVerkin Springs</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Littlefield Springs</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Glenwood-Dotsero Springs</listContent></listItem> </list> </listItem> </list> <list> <listItem> <num value="iii">(iii) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">Diffuse source control:</listContent> <list> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth0">Price River</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">San Rafael River</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Dirty Devil River</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">McElmo Creek</listContent></listItem> <listItem><listContent class="indent2 firstIndent1 fontsize10 depth1">Big Sandy River</listContent></listItem> </list> </listItem> </list> </content> </paragraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Submit each planning report on the units named in section<sidenote><p class="firstIndent1 fontsize8">Reports.</p></sidenote> 203(a) (1) of this title promptly to the Colorado River Basin States and to such other parties as the Secretary deems appropriate for their review and comments. After receipt of comments on a unit and careful<sidenote><p class="firstIndent1 fontsize8">Submittal to President and Congress.</p></sidenote> consideration thereof, the Secretary shall submit each final report with his recommendations, simultaneously, to the President, other concerned Federal departments and agencies, the Congress, and the Colorado River Basin States.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Secretary is directed—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the investigation, planning, construction, and implementation<sidenote><p class="firstIndent1 fontsize8">Research and demonstration projects.</p></sidenote> of any salinity control unit involving control of salinity from irrigation sources, to cooperate with the Secretary of Agriculture in carrying out research and demonstration projects and in implementing on-the-farm improvements and farm management practices and programs which will further the objective of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to undertake research on additional methods for accomplishing the objective of this title, utilizing to the fullest extent practicable the capabilities and resources of other Federal departments and agencies, interstate institutions. States, and private organizations.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is hereby created the Colorado River Basin<sidenote><p class="firstIndent1 fontsize8">Colorado River Bas in Salinity Control Advisory Council.</p><p class="firstIndent1 fontsize8">Establishment; membership.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1594">43 USC 1594</ref>.</p><p class="firstIndent1 fontsize8">Duties.</p></sidenote> Salinity Control Advisory Council composed of no more than three members from each State appointed by the Governor of each of the Colorado River Basin States.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Council shall be advisory only and shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">act as liaison between both the Secretaries of Interior and Agriculture and the Administrator of the Environmental Protection Agency and the States in accomplishing the purposes of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">receive reports from the Secretary on the progress of the salinity control program and review and comment on said reports; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">recommend to both the Secretary and the Administrator of the Environmental Protection Agency appropriate studies of further projects, techniques, or methods for accomplishing the purposes of this title.</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary shall allocate the total costs of each<sidenote><p class="firstIndent1 fontsize8">Costs, allocation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1595">43 USC 1595</ref>.</p></sidenote> unit or separable feature thereof authorized by section 202 of this title, as follows:</chapeau> <page identifier="/us/stat/88/273">88 <inline class="smallCaps">Stat</inline>. 273</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">In recognition of Federal responsibility for the Colorado River as an interstate stream and for international comity with Mexico, Federal ownership of the lands of the Colorado River Basin from which most of the dissolved salts originate, and the policy embodied in the Federal Water Pollution Control Act Amendments of 1972 (86 Stat. 816), 75 per centum of the total costs of construction, operation, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1251">33 USC 1251 note</ref>.</p></sidenote> maintenance, and replacement of each unit or separable feature thereof shall be nonreimbursable.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Twenty-five per centum of the total costs shall be allocated between the Upper Colorado River Basin Fund established by section 5(a) of the Colorado River Storage Project Act (70 Stat. 107) and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s620d">43 USC 620d</ref>.</p></sidenote> the Lower Colorado River Basin Development Fund established by section 403(a) of the Colorado River Basin Project Act (82 Stat. 895), after consultation with the Advisory Council created in section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1543">43 USC 1543</ref>.</p></sidenote> 204 (a) of this title and consideration of the following items:</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">benefits to be derived in each basin from the use of water of improved quality and the use of works for improved water management;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">causes of salinity; and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">availability of revenues in the Lower Colorado River Basin Development Fund and increased revenues to the Upper Colorado River Basin Fund made available under section 205(d) of this title: <i>Provided</i>, That costs allocated to the Upper Colorado <sidenote><p class="firstIndent1 fontsize8">Costs, limitation.</p></sidenote> River Basin Fund under section 205(a) (2) of this title shall not exceed 15 per centum of the costs allocated to the Upper Colorado River Basin Fund and the Lower Colorado River Basin Development Fund.</content> </clause> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Costs of construction of each unit or separable feature thereof <sidenote><p class="firstIndent1 fontsize8">Construction costs, repayment.</p></sidenote> allocated to the upper basin and to the lower basin under section 205(a) (2) of this title shall be repaid within a fifty-year period without interest from the date such unit or separable feature thereof is determined by the Secretary to be in operation.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Costs of construction, operation, maintenance, and replacement of each unit or separable feature thereof allocated for repayment by the lower basin under section 205(a) (2) of this title shall be paid in accordance with subsection 205(b) (2) of this title, from the Lower Colorado River Basin Development Fund.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 403(g) of the Colorado River Basin Project Act (82 Stat. 896) is hereby amended as follows: strike the word “<quotedText>and</quotedText>” after <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1543">43 USC 1543</ref>.</p></sidenote> the word “<quotedText>Act,</quotedText>” in line 8; insert after the word “<quotedText>Act,</quotedText>” the following “(2) for repayment to the general fund of the Treasury the costs of each salinity control unit or separable feature thereof payable from the Lower Colorado River Basin Development Fund in accordance with sections 205(a) (2), 205(a) (3), and 205(b) (1) of the Colorado River Salinity Control Act and”; change paragraph (2) to paragraph (3).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Costs of construction, operation, maintenance, and replacement of each unit or separable feature thereof allocated for repayment by the upper basin under section 205(a) (2) of this title shall be paid in accordance with section 205(d) of this title from the Upper Colorado River Basin Fund within the limit of the funds made available under section 205(e) of this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 5(d) of the Colorado River Storage Project Act (70 Stat. 108) is hereby amended as follows: strike the word “<quotedText>and</quotedText>” at the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s620d">43 USC 620d</ref>.</p></sidenote> end of paragraph (3); strike the period after the word “<quotedText>years</quotedText>” at the end of paragraph (4) and insert a semicolon in lieu thereof followed by the word “<quotedText>and</quotedText>”; add a new paragraph (5) reading: <page identifier="/us/stat/88/274">88 <inline class="smallCaps">Stat</inline>. 274</page> <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">the costs of each salinity control unit or separable feature thereof payable from the Upper Colorado River Basin Fund in accordance with sections 205(a)(2), 205(a)(3), and 205(c) of the Colorado River Salinity Control Act.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The Secretary is authorized to make upward adjustments in<sidenote><p class="firstIndent1 fontsize8">Electrical energy rates, adjustments.</p></sidenote> rates charged for electrical energy under all contracts administered by the Secretary under the Colorado River Storage Project Act (70 Stat. 105,43 U.S.C. 620) as soon as practicable and to the extent necessary to cover the costs of construction, operation, maintenance, and replacement of units allocated under section 205(a)(2) and in conformity with section 205(a) (3) of this title: <proviso><i>Provided</i>, That revenues derived from said rate adjustments shall be available solely for the construction, operation, maintenance, and replacement of salinity control units in the Colorado River Basin herein authorized</proviso>.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">Commencing on January 1, 1975, and every two years<sidenote><p class="firstIndent1 fontsize8">Report to President, Congress and Advisory Council.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1596">43 USC 1596</ref>.</p></sidenote> thereafter, the Secretary shall submit, simultaneously, to the President, the Congress, and the Advisory Council created in section 204(a) of this title, a report on the Colorado River salinity control program authorized by this title covering the progress of investigations, planning, and construction of salinity control units for the previous fiscal year, the effectiveness of such units, anticipated work needed to be accomplished in the future to meet the objectives of this title, with emphasis on the needs during the five years immediately following the date of each report, and any special problems that may be impeding progress in attaining an effective salinity control program. Said report may be included in the biennial report on the quality of water of the Colorado River Basin prepared by the Secretary pursuant to section 15 of the Colorado River Storage Project Act (70 Stat. 111; 43 U.S.C. 602n), section 15 of the Navajo Indian irrigation project, and the initial stage of the San Juan Chama Project Act (76 Stat. 102), and section 6 of the Fryingpan-Arkansas Project Act (76 Stat.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s615ww">43 USC 615ww</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s616c">43 USC 616c</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1597">43 USC 1597</ref>.</p></sidenote> 393).</content> </section> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content class="inline">Except as provided in section 205(b) and 205(d) of this title, with respect to the Colorado River Basin Project Act and the Colorado River Storage Project Act, respectively, nothing in this title shall be construed to alter, amend, repeal, modify, interpret, or be in conflict with the provisions of the Colorado River Compact (45 Stat. 1057), the Upper Colorado River Basin Compact (63 Stat. 31), the Water Treaty of 1944 with the United Mexican States (Treaty Series 994; 59 Stat. 1219), the decree entered by the Supreme Court of the United States in Arizona against California and others (376 U.S. 340), the Boulder Canyon Project Act (45 Stat. 1057), Boulder Canyon Project Adjustment Act (54 Stat. 774; 43 U.S.C. 618a), section 15 of the Colorado River Storage Project Act (70 Stat. 111; 43 U.S.C. 620n), the Colorado River Basin Project Act (82 Stat. 885), section 6<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1501">43 USC 1501 note</ref>.</p></sidenote> of the Fryingpan-Arkansas Project Act (76 Stat. 393), section 15 of the Navajo Indian irrigation project and initial stage of the San Juan-Chama Project Act (76 Stat. 102), the National Environmental Policy Act of 1969, and the Federal Water Pollution Control Act,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s1251">33 USC 1251 note</ref>.</p><p class="firstIndent1 fontsize8">Project modifications.</p><p class="firstIndent1 fontsize8">Funds, Expenditure.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1598">43 USC 1598</ref>.</p></sidenote> as amended.</content> </section> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary is authorized to provide for modifications of the projects authorized by this title as determined to be appropriate for purposes of meeting the objective of this title. No funds for any such modification shall be expended until the expiration of sixty days after the proposed modification has been submitted to appropriate committees of the Congress, and not then if disapproved by said com-<page identifier="/us/stat/88/275">88 <inline class="smallCaps">Stat</inline>. 275</page>mittees, except that funds may be expended prior to the expiration of such sixty days in any case in which the Congress approves an earlier date by concurrent resolution. The Governors of the Colorado River Basin States shall be notified of these changes.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary is hereby authorized to enter into contracts that <sidenote><p class="firstIndent1 fontsize8">Contract authority.</p></sidenote> he deems necessary to carry out the provisions of this title, in advance of the appropriation of funds therefor. There is hereby authorized to <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> be appropriated the sum of $125,100,000 for the construction of the works and for other purposes authorized in section 202 of this title, based on April 1973 prices, plus or minus such amounts as may be justified by reason of ordinary fluctuations in costs involved therein, and such sums as may be required to operate and maintain such works. There is further authorized to be appropriated such sums as may be necessary to pay condemnation awards in excess of appraised values and to cover costs required in connection with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of U)TO (Public Law 90–646). <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s4601">42 USC 4601 note.</ref></p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t43/s1599">43 USC 1599</ref>.</p></sidenote></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <chapeau class="inline">As used in this title—</chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">all terms that are defined in the Colorado River Compact shall have the meanings therein defined;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">“Colorado River Basin States” means the States of<sidenote><p class="firstIndent1 fontsize8">“Colorado River Basin States.”</p></sidenote> Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming.</content> </subsection> </section> Approved June 24, 1974.
Public Law 93–321: Making further urgent supplemental appropriations for the fiscal year ending June 30, 1974, for the Veterans Administration, and for other purposes Public Law 321 88 Stat. 275 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–321
Joint Resolution Making further urgent supplemental appropriations for the fiscal year ending June 30, 1974, for the Veterans Administration, and for other purposes

June 30, 1974

[H. J. Res. 1061]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums

Veterans administration.

Supplemental appropriation.

 are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1974, namely:
Veterans Administration compensation and pensions For an additional amount for Compensation and Pensions, $100,000,000, to remain available until expended. readjustment benefits For an additional amount for Readjustment Benefits, $77,000,000, to remain available until expended. general operating expenses For an additional amount for General Operating Expenses, $2,000,000. Approved June 30, 1974.
Public Law 93–322: Making appropriations for energy research and development activities of certain departments, independent executive agencies, bureaus, offices, and commissions for the fiscal year ending June 30, 1975, and for other purposes. Public Law 322 88 Stat. 276 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 276 Public Law 93–322
An Act Making appropriations for energy research and development activities of certain departments, independent executive agencies, bureaus, offices, and commissions for the fiscal year ending June 30, 1975, and for other purposes.

June 30, 1974

[H. R. 14434]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Special Energy Research and Development Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for energy research and development activities of certain departments, independent executive agencies, bureaus, offices, and commissions for the fiscal year ending June 30, 1975, and for other purposes, namely: <num value="I">TITLE I</num> <chapter> <num value="I">CHAPTER I</num> <heading class="centered">ENVIRONMENTAL PROTECTION AGENCY</heading> <appropriations level="intermediate"> <heading>Energy Research and Development</heading> <content>For energy research and development activities, including hire of passenger motor vehicles; hire, maintenance, and operation of aircraft; uniforms, or allowances therefor, as authorized by section 5901–5902, United States Code, title 5; services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate of GS–18; purchase of reprints; library<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> memberships in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members; $54,000,000, to remain available until expended.</content> </appropriations> </chapter> <chapter> <num value="II">CHAPTER II</num> <heading class="centered">NATIONAL AERONAUTICS AND SPACE ADMINISTRATION</heading> <appropriations level="intermediate"> <heading>Research and Development</heading> <content>For necessary expenses of the National Aeronautics and Space Administration relating to programs and other activities in research and development, including services as authorized by 5 U.S.C. 3109, $4,435,000, to remain available until expended.</content> </appropriations> <appropriations level="major"> <heading>NATIONAL SCIENCE FOUNDATION</heading> <appropriations level="intermediate"> <heading>Salaries and Expenses</heading> <content>For expenses necessary to carry out the purposes of the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861–1875), title IX of the National Defense Education Act of 1958 (42 U.S.C. 1876–1879), including award of graduate fellowships; services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchases of flight services for research support; hire of passenger motor vehicles; not to exceed $2,200,000 for program development and management; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902) ; rental of conference rooms in the District<page identifier="/us/stat/88/277">88 <inline class="smallCaps">Stat</inline>. 277</page> of Columbia; and reimbursement of the General Services Administration for security guard services; $101,800,000, to remain available until expended, to be used for programs and other activities in support of energy related basic and applied research.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="III">CHAPTER III</num> <heading class="centered">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Geological Survey</heading> <appropriations level="small"> <heading>surveys, investigations, and research</heading> <content>For expenses related to the energy activities of the Geological Survey, $43,125,000.</content> </appropriations> </appropriations> <appropriations level="small"> <heading>administrative provision</heading> <content>The amount appropriated for the Geological Survey shall be available for the acquisition of one additional aircraft and for contracting for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest.</content> </appropriations> <appropriations level="intermediate"> <heading>Bureau of Mines</heading> <appropriations level="small"> <heading>mines and minerals</heading> <content>For expenses necessary to enable the Bureau of Mines to perform research and development programs relating to the extraction, processing, and utilization of energy resources without objectionable social and environmental costs; to foster and encourage private enterprise in the development of energy resources; and for other related purposes as authorized by law; $142,298,000 of which $103,500,000 shall remain available until expended: <proviso><i>Provided</i>, That no part of the sum herein appropriated shall be used for the field testing of nuclear explosives in the recovery of oil and gas</proviso>.</content> </appropriations> </appropriations> <appropriations level="small"> <heading>administrative provision</heading> <content>The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: <proviso><i>Provided</i>, That the Bureau of Mines is authorized during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Office of Coal Research</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses to encourage and stimulate the production and conservation of coal in the United States through research and development, as authorized by law (30 U.S.C. 661–668), $261,278,000, to remain available until expended, of which not to exceed $6,541,000 shall be available for administration and supervision.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/278">88 <inline class="smallCaps">Stat</inline>. 278</page> <appropriations level="intermediate"> <heading>Fuel Allocation, Oil and Gas Programs</heading> <appropriations level="small"> <heading>salaries and expenses</heading> <content>For necessary expenses to enable the Secretary to discharge his responsibilities with respect to oil and gas, including cooperation with the petroleum and natural gas industries and State and local authorities in the production, processing, and utilization of petroleum and its products, and natural gas, $69,590,000, of which $10,000,000, to remain available until expended, shall be available for reimbursement of State and local public agencies as authorized by Public Law 93–275, section 7 (d).<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 100.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>energy conservation and analysis</heading> <content>For necessary expenses to support energy conservation research, data collection, and analysis, $26,875,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>General Provisions, Department of the Interior</heading> <section> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content>Appropriations made in this chapter shall be available<sidenote><p class="firstIndent1 fontsize8">Warehouses and garages.</p></sidenote> for operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686) : <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received</proviso>.</content> </section> <section> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content>Appropriations made to the Department of the Interior<sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> in this chapter shall be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.</content> </section> <section> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content>Appropriations available to the Department of the Interior <sidenote><p class="firstIndent1 fontsize8">Uniforms.</p></sidenote> for salaries and expenses shall be available for uniforms or allowances therefore, as authorized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).</content> </section> </appropriations> </chapter> <chapter> <num value="IV">CHAPTER IV</num> <heading class="centered">ATOMIC ENERGY COMMISSION</heading> <appropriations level="intermediate"> <heading>Operating Expenses</heading> <content>For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> the employment of aliens; services authorized by 5 U.S.C. 3109; hire, maintenance, and operation of aircraft; publication and dissemination of atomic information; purchase, repair, and cleaning of uniforms; reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $1,032,690,000 and any moneys (except sums received from disposal of property under<page identifier="/us/stat/88/279">88 <inline class="smallCaps">Stat</inline>. 279</page> the Atomic Energy Community Act of 1955, as amended (42 U.S.C. 2301)) received by the Commission, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: <proviso><i>Provided</i>, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred:</proviso> <proviso><i>Provided further</i>, That no part of the sum herein appropriated shall be used for the field testing of nuclear explosives in the recovery of oil and gas</proviso>.</content> </appropriations> <appropriations level="intermediate"> <heading>Plant and Capital Equipment</heading> <content>For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the acquisition or condemnation of any real property <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011 note</ref>.</p></sidenote> or any facility or for plant or facility acquisition, construction, or expansion; $453,970,000, to remain available until expended.</content> </appropriations> <appropriations level="major"> <heading>DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"> <heading>Bonneville Power Administration</heading> <appropriations level="small"> <heading>construction</heading> <content>For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, $5,500,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>underground and other electric power transmission research</heading> <content>For necessary expenses of research and development in underground and other electric power transmission, $8,498,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> </chapter> <chapter> <num value="V">CHAPTER V</num> <heading class="centered">DEPARTMENT OF COMMERCE</heading> <appropriations level="intermediate"> <heading>National Oceanic and Atmospheric Administration</heading> <appropriations level="small"> <heading>operations, research, and facilities</heading> <content>For necessary expenses of the National Oceanic and Atmospheric Administration to reactivate, equip, and operate certain oceanographic research vessels for the purpose of conducting assessments of energy-related offshore environmental problems associated with energy activities, $6,630,000, to remain available until expended.</content> </appropriations> </appropriations> </chapter> <page identifier="/us/stat/88/280">88 <inline class="smallCaps">Stat</inline>. 280</page> <chapter> <num value="VI">CHAPTER VI</num> <heading class="centered">DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"> <heading>Office of the Secretary</heading> <appropriations level="small"> <heading>transportation planning, research, and development</heading> <content>For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $6,400,000.</content> </appropriations> </appropriations> </chapter> <chapter> <num value="VII">CHAPTER VII</num> <heading class="centered">FEDERAL ENERGY OFFICE</heading> <appropriations level="intermediate"> <heading>Salaries and Expenses</heading> <content>For necessary expenses of the Federal Energy Office established by Executive Order Numbered 11748, dated December 4, 1973, including<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s754">15 USC 754 note</ref>.</p></sidenote> hire of passenger motor vehicles, reimbursements to the Emergency Fund of the President for allocations to the Office, and services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18, $19,000,000:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> <proviso><i>Provided</i>, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities</proviso>.</content> </appropriations> </chapter> <num value="II">TITLE II</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content>No part of any appropriation contained in this Act shall<sidenote><p class="firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content> <p class="inline">No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210 (j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490</ref>.</p></sidenote> services.</p> <p class="indent0 firstIndent1 fontsize10">This Act may be cited as the “Special Energy Research and Development <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Appropriation Act, 1975”.</p> </content> </section>
Approved June 30, 1974.
Public Law 93–323: To extend by thirty days the expiration date of the Defense Production Act of 1950. Public Law 323 88 Stat. 280 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–323
Joint Resolution To extend by thirty days the expiration date of the Defense Production Act of 1950.

June 30, 1974

[H. J. Res. 1056]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first sentence of section 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended by striking out “June 30” and inserting in lieu thereof “July 30”.
Approved June 30, 1974.
Public Law 93–324: Making continuing appropriations for the fiscal year 1975, and for other purposes. Public Law 324 88 Stat. 281 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 281 Public Law 93–324
Joint Resolution Making continuing appropriations for the fiscal year 1975, and for other purposes.

June 30, 1974

[H. J. Res. 1062]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are

Continuing appropriations, 1975.

 appropriated out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of the Government for the fiscal year 1975, namely:
Sec. 101. (a) (1) Such amounts as may be necessary for continuing projects or activities (not otherwise specifically provided for in this joint resolution or other enacted Appropriation Acts for the fiscal year 1975) which were conducted in the fiscal year 1974 and for which appropriations, funds, or other authority would be available in the following Appropriation Acts for the fiscal year 1975:

Agriculture-Environmental and Consumer Protection Appropriation Act;

District of Columbia Appropriation Act;

Department of Housing and Urban Development; Space, Science, Veterans, and Certain Other Independent Agencies Appropriation Act;

Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act;

Legislative Branch Appropriation Act;

Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act;

Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, notwithstanding section 701 of the United States Information and Educational Exchange Act of 1948, as amended;

22 USC 1476.

Department of Transportation and Related Agencies Appropriation Act; and

Treasury, Postal Service, and General Government Appropriation Act including not to exceed one quarter of the “Payment to the Postal Service Fund”.

 (2) Appropriations made by this subsection shall be available to the extent and in the manner which would be provided by the pertinent Appropriation Act. (3) Whenever the amount which would be made available or the authority which would be granted under an Act listed in this subsection as passed by the House as of July 1, 1974, is different from that which would be available or granted under such Act as passed by the Senate as of July 1, 1974, the pertinent project or activity shall be continued under the lesser amount or the more restrictive authority: Provided, That no provision in any Appropriation Act for the fiscal year 1975; which makes the availability of any appropriation provided therein dependent upon the enactment of additional authorizing or other legislation, shall be effective before the date set forth in section 102(c) of this joint resolution. (4) Whenever an Act listed in this subsection has been passed by only one House as of July 1, 1974, or where an item is included in only one version of an Act as passed by both Houses as of July 1, 1974, the pertinent project or activity shall be continued under the appropriation, fund, or authority granted by the one House, but at a rate for operations not exceeding the current rate or the rate permitted by the action of the one House, whichever is lower: Provided, That no provision which is included in an Appropriation Act enumerated in this88 Stat. 282 subsection but which was not included in the applicable appropriation Act for 1974, and which by its terms is applicable to more than one appropriation, fund, or authority shall be applicable to any appropriation, fund, or authority provided in this joint resolution unless such provision shall have been included in identical form in such bill as enacted by both the House and the Senate: Provided further, That with respect to appropriations, including any activity, program, or project, contained in the Departments of Labor, and Health, Education, and Welfare, and Related Agencies Appropriation Act, 1974 (Public Law 93–192), the current rate for operations shall be that

87 Stat. 746.

 permitted by the specific provisions set forth in the enacting clause of Public Law 93–192. (b) Such amounts as may be necessary for continuing projects or activities (not otherwise provided for in this joint resolution or other enacted Appropriation Acts for the fiscal year 1975) which were conducted in the fiscal year 1974 and are listed in this subsection at a rate for operations not in excess of the current rate or the rate provided for in the budget estimate, whichever is lower, and under the more restrictive authority—

activities for which provision was made in the Department of Interior and Related Agencies Appropriation Act, 1974;

87 Stat. 429.

activities for which provision was made in the Military Construction Appropriation Act, 1974;

87 Stat. 766.

activities for which provision was made in the Department of Defense Appropriation Act, 1974: Provided, That the continuation

87 Stat. 1026.

South Vietnamese military forces , fund for support.

of support for South Vietnamese military forces shall be administered and accounted for from one fund, at an annual rate of $1,000,000,000, to be obligated only by the issuance of orders by the Secretary of Defense for such support: Provided further, That the fund for support of Vietnamese military forces shall be deemed obligated at the time the Secretary of Defense issues orders authorizing support of any kind, which obligations shall in the case of non-excess materials and supplies to be famished from the inventory of Department of Defense be equal to the replacement costs thereof at the time such obligation is incurred and in the case of excess materials and supplies be equal to the actual value thereof at the time such obligation is incurred: Provided further, That none of the activities for support of South Vietnamese military forces contained in this paragraph should be funded at a rate exceeding one quarter of the annual rate as provided by this joint resolution;

activities for which provision was made in tho Foreign Assistance and Related Programs Appropriations Act, 1974, notwithstanding

87 Stat. 1049.

22 USC 2412.

22 USC 2415.

section 10 of Public Law 91–672, and section 655(c) of the Foreign Assistance Act of 1961, as amended: Provided, That in computing the current rate of operations of military assistance there shall be included: (1) the amount of contract authority used during the fiscal year 1974 pursuant to section 506(a) of the Foreign Assistance Act of 1961, as amended, for military assistance

22 USC 2318.

 to Cambodia, and (2) the amount of obligations incurred in Department of Defense appropriations during the fiscal year 1974 for military assistance to Laos;

 The following activities for which provision was made in the Departments of Labor and Health, Education, and Welfare Appropriation Act, 1974, the Supplemental Appropriations Act,

87 Stat. 746.

87 Stat. 1071.

Ante, p. 195.

 1974, or the Second Supplemental Appropriations Act, 1974:

activities under sections 301(h), 304, 305, 310, 314 (d) and (e) and 329 of the Public Health Service Act, as amended;

activities under title III, part J, and title X of the Public Health Service Act, as amended;

42 USC 241, 242b, 242c, 242h, 246, 254b.

42 USC 280b, 300.

88 Stat. 283

activities under title VII of the Elementary and Secondary Education Act of 1965, as amended;

20 USC 880b.

activities under the Education of the Handicapped Act;

20 USC 1401 note.

activities under the Economic Opportunity Act of 1964, as amended;

42 USC 2701 note.

activities under section 1113 of the Social Security Act, as amended;

42 USC 1313.

activities under the Developmental Disabilities Services and Facilities Construction Act;

42 USC 2661 note.

activities under the Youth Development and Delinquency Prevention Act;

42 USC 3801 note.

activities under title VII of the Older Americans Act;

42 USC 3045.

and

activities for “Health resources” as set forth in the 1975 budget;

activities of the American Revolution Bicentennial Administration;

activities of the Cabinet Committee on Opportunities for Spanish-Speaking People;

activities under the Natural Gas Pipeline Safety Act of 1968, as amended;

49 USC 1671 note.

activities of the Federal Railroad Administration for Grants to National Railroad Passenger Corporation;

activities of the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped; and

activities of the Council on International Economic Policy.

 (c) Such amounts as may be necessary for continuing the following activities, but at a rate for operations not in excess of the budget estimate—

activities under title XVI of the Social Security Act, as amended;

42 USC 1381.

activities related to terminating the economic stabilization program;

activities of the Veterans’ Administration’s program to provide representatives on college campuses;

activities necessary for studies related to oil and gas leasing on the Outer Continental Shelf; and

activities necessary to respond to energy-related right-of-way requests across public lands including such features as oil and gas pipelines, power transmission lines, railroad, and tramroads.

 (d) Such amounts as may be necessary for continuing the following activities, but at a rate for operations not in excess of the current rate— The following activities for which provision was made in the Departments of Labor and Health, Education, and Welfare Appropriations Act, 1974, the Supplemental Appropriations Act,

87 Stat. 746.

87 stat. 1071.

 1974, or the Second Supplemental Appropriations Act, 1974:

health planning activities under section 314 of the Public Health Service Act, as amended;

42 USC 246.

activities under titles VI and IX , and sections 306, 309,

42 USC 291, 299, 242d, 242g, 293, 295h–1, 295h–3, 296, 296d, 296e, 296i, 297.

720, 792–794, 801, 805(b), 806, 810(d), and 821(a) of the Public Health Service Act;

construction under section 201 of the Community Mental Health Centers Act;

activities under the Drug Abuse Education Act;

42 USC 2681.

21 USC 1001 note.

42 USC 908.

training under section 707 of the Social Security Act;

activities under part B of the Education of the Handicapped Act;

20 USC 1411.

activities under the Adult Education Act;

20 USC 1201 note.

88 Stat. 284

activities under titles I, II, III, V, VIII, and IX of the Elementary and Secondary Education Act of 1965, as amended: Provided, That distribution of funds under title I

20 USC 821 note, 821, 841, 861, 881, 900.

shall be based upon the provisions contained in title I of H.R. 69 as passed by the Senate;

activities under title III of the National Defense Education Act of 1958;

20 USC 441.

activities under the Emergency School Aid Act;

20 USC 1601 note.

school assistance in federally affected areas authorized by Public Law 81–815 and Public Law 81–874;

20 USC 631.

all remaining activities except titles I and III (B) under the

20 USC 236.

Economic Opportunity Act of 1964, as amended;

activities of the National Council on Indian Opportunity;

activities under Par t A of the Indian Education Act; and

20 USC 241aa note.

notwithstanding the fourth clause of subsection (b) of this section, activities of the Department of Health, Education, and Welfare for assistance to refugees in the United States (Cuban program) shall be funded at not to exceed the annual rate for obligations of $100,000,000.

 (e) Applicable appropriations made by this joint resolution shall be available in such amounts as may be necessary for departments, agencies, corporations, and other organizational units of the Government to pay not in excess of 90 per centum of the amount contained in the budget estimates for fiscal year 1975 of the first quarter standard level user charges pursuant to section 210(j), of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j)). (f) Such amounts as may be necessary for continuing projects or activities for which disbursements are made by the Secretary of the Senate, and the Senate items under the Architect of the Capitol, to the extent and in the manner which would be provided for in the budget estimates for fiscal year 1975. (g) Such amount as may be necessary for continuing activities of the Parliamentarian of the House of Representatives for compiling the precedents of the House of Representatives to the extent and in the manner which would be provided for in the budget estimates for the fiscal year 1975. (h) Such amount as may be necessary for continuing activities of the Subcommittee on Fiscal Policy of the Joint Economic Committee to the extent and manner as provided in the Legislative Branch Appropriations Act, 1975, as passed by the Senate.
Sec. 102. Appropriations and funds made available and authority granted pursuant to this joint resolution shall be available from July 1, 1974, and shall remain available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) enactment of the applicable appropriation Act by both Houses without any provision for such project or activity, or (c) September 30, 1974, whichever first occurs.
Sec. 103. Appropriations and funds made available or authority granted pursuant to this joint resolution may be used without regard to the time limitations for submission and approval of apportionments set forth in subsection (d) (2) of section 3679 of the Revised Statutes, as amended, but nothing herein shall be construed to waive any other

31 USC 665.

 provision of law governing the apportionment of funds.
Sec. 104. Appropriations made and authority granted pursuant to this joint resolution shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this joint resolution.
88 Stat. 285
Sec. 105. Expenditures made pursuant to this joint resolution shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.
Sec. 106. Except as provided in section 101(e) no appropriation or

Ante, p. 284.

 fund made available or authority granted pursuant to this joint resolution shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during the fiscal year 1974.
Sec. 107. Any appropriation for the fiscal year 1975 required to be apportioned pursuant to section 3679 of the Revised Statutes, as

31 USC 665.

 amended, may be apportioned on a basis indicating the need (to the extent any such increases cannot be absorbed within available appropriations) for a supplemental or deficiency estimate of appropriation to the extent necessary to permit payment of such pay increases as may be granted pursuant to law to civilian officers and employees and to active and retired military personnel. Each such appropriation shall otherwise be subject to the requirements of section 3679 of the Revised Statutes, as amended.
Sec. 108. All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution.
Sec. 109. None of the funds herein made available shall be expended

North Vietnam, reconstruction, funds, prohibition.

 to aid or assist in the reconstruction or the Democratic Republic of Vietnam (North Vietnam).
Sec. 110. None of the funds herein made available shall be obligated

Southeast Asia, combat activities, funds, prohibition.

 or expended to finance directly or indirectly combat activities by United States military forces in or over or from off the shores of North Vietnam, South Vietnam, Laos, or Cambodia.
Sec. 111. Any provision of law which requires unexpended funds to return to the general fund of the Treasury at the end of the fiscal year shall not be held to affect the status of any lawsuit or right of action involving the right to those funds.
Approved June 30, 1974.
Public Law 93–325: To provide for a temporary increase in the public debt limit. Public Law 325 88 Stat. 285 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–325
An Act To provide for a temporary increase in the public debt limit.

June 30, 1974

[H. R. 14832]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That during the

Public debt limit.

Temporary increase.

 period beginning on the date of the enactment of this Act and ending on March 31, 1975, the public debt limit set forth in the first sentence of section 21 of the Second Liberty Bond Act (31 U.S.C. 757b) shall be temporarily increased by $95,000,000,000.
Sec. 2. Effective on the date of the enactment of this Act, the first

Repeal; effective date.

31 USC 757b note.

 section of the Act of December 3, 1973, providing for a temporary increase in the public debt limit for a period ending June 30, 1974 (Public Law 93–173), is hereby repealed.

87 Stat. 691.
Approved June 30, 1974.
Public Law 93–326: To amend the National School Lunch Act, to authorize the use of certain funds to purchase agricultural commodities for distribution to schools, and for other purposes. Public Law 326 88 Stat. 286 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 286 Public Law 93–326
An Act To amend the National School Lunch Act, to authorize the use of certain funds to purchase agricultural commodities for distribution to schools, and for other purposes.

June 30, 1974

[H. R. 14354]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

National School Lunch and Child Nutrition Act Amendments of 1974.

42 USC 1751 note.

 be cited as the “National School Lunch and Child Nutrition Act Amendments of 1974”.
commodity distribution program
Sec. 2 The National School Lunch Act (42 U.S.C. 1751 et seq.) is amended by redesignating section 14 as section 15 and by inserting

42 USC 1763.

42 USC 1762.

 immediately after section IBA the following new section:
“commodity distribution program
“Sec. 14. Notwithstanding any other provision of law, the Secretary,

42 USC 1762a.

 during the period beginning July 1, 1974, and ending June 30, 1975, shall— “(1) use funds available to carry out the provisions of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) which are not expended or needed to carry out such provisions, to purchase (without regard to the provisions of existing law governing the expenditure of public funds) agricultural commodities and their products of the types customarily purchased under such section, for donation to maintain the annually programmed level of assistance for programs carried on under this Act, the Child Nutrition Act of 1966, and title V I I of the Older Americans Act

42 USC 1771 note.

42 USC 3045.

 of 1965; and “(2) if stocks of the Commodity Credit Corporation are not available, use the funds of such Corporation to purchase agricultural commodities and their products of the types customarily available under section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431), for such donation.”.
level of commodity assistance
Sec. 3. Section 6 of the National School Lunch Act is amended by

42 USC 1755.

 adding at the end thereof the following new subsection: “(e) For the fiscal year ending June 30, 1975, and subsequent fiscal years, the national average value of donated foods, or cash payments in lieu thereof, shall not be less than 10 cents per lunch, and that amount shall be adjusted on an annual basis each fiscal year after June 30, 1975, to reflect changes in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent. Among those commodities delivered

High protein foods.

 under this section, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates.”.
income guidelines for reduced price lunches
Sec. 4. The last sentence of section 9(b) of the National School Lunch Act is amended by striking out “for the fiscal year ending

42 USC 1758.

 June 30, 1974” and inserting in lieu thereof “beginning with the fiscal year ending June 30, 1974”.
88 Stat. 287
appropriation authorization for nonfood assistance
Sec. 5. The Child Nutrition Act of 1966 (42 U.S.C. 1771–1786) is amended by striking out “$20,000,000” in the first sentence of section 5(a) and inserting in lieu thereof “$40,000,000”.

42 USC 1774.
special supplemental food program
Sec. 6. The third sentence of section 17(b) of the Child Nutrition Act of 1966 is amended by striking out “$40,000,000” each place it

42 USC 1786.

 appears and inserting in lieu thereof “$100,000,000”.
technical amendment
Sec. 7. The first sentence of section 3 of the National School Lunch Act is amended by striking out “sections 11 and 13” and inserting in

42 USC 1752.

 lieu thereof “section 13”.
Approved June 30, 1974.
Public Law 93–327: To extend by thirty days the expiration date of the Export Administration Act of 1969. Public Law 327 88 Stat. 287 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–327
Joint Resolution To extend by thirty days the expiration date of the Export Administration Act of 1969.

June 30, 1974

[H. J. Res. 1057]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 14 of the Export Administration Act of 1969 is amended by striking out

50 USC app. 2413.

 “June 30” and inserting in lieu thereof “July 30”
Approved June 30, 1974.
Public Law 93–328: To amend title 39, United States Code, with respect to certain rates of postage, and for other purposes. Public Law 328 88 Stat. 287 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–328
An Act To amend title 39, United States Code, with respect to certain rates of postage, and for other purposes.

June 30, 1974

[S. 411]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3626 of

Postage rates.

Adjustments, extension.

 title 39, United States Code, is amended as follows: (1) Subparagraph (1) is amended by striking out the word “tenth” and inserting in lieu thereof the word “sixteenth” and by striking out the word “and” following the semicolon. (2) Subparagraph(2) is amended— (A) by inserting the word “former” between the words “under” and “sections”; (B) by striking out “4452(a),”; (C) by striking out the word “fifth” and inserting in lieu thereof the word “eighth”; (D) by striking out “subsection” and inserting in lieu thereof “subparagraph”; and (E) by striking out the period and inserting in lieu thereof a semicolon and the word “and”. (3) Immediately below subparagraph (2), add the following new subparagraph: “(3) the rates for mail under former section 4452(a) shall be

39 USC 4452.

 equal, on and after the first day of the fifth year following the effective date of the first rate decision applicable to that class or88 Stat. 288 kind, to the rates that would have been in effect for such mail if this subparagraph had not been enacted.”
Sec. 2. Nothing in section 1 of this Act shall be construed to authorize

39 USC 3626 note.

 a reduction in any rate of postage in effect and being paid on the date of enactment of this Act.
Sec. 3. Section 2009 of title 39, United States Code, is amended by

Annual budget.

 adding at the end thereof the following: “The budget program shall also include separate statements of the amounts which the Postal Service requests to be appropriated under subsections (b) and (c) of section 2401 of this title. The President shall include these amounts,

39 USC 2401.

 with his recommendations but without revision, in the budget transmitted to Congress under section 11 of title 31.”.
Approved June 30, 1974.
Public Law 93–329: To extend the Renegotiation Act of 1951 for eighteen months. Public Law 329 88 Stat. 288 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–329
An Act To extend the Renegotiation Act of 1951 for eighteen months.

June 30, 1974

[H. R. 14833]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 102

Renegotiation Act of 1951, extension.

 (c)(1) of the Renegotiation Act of 1951 (50 U.S.C. App., sec. 1212(c) (1)) is amended by striking out “June 30, 1974” and inserting in lieu thereof “December 31, 1975”.
Sec. 2. The last sentence of section 203(e) (2) of the Federal-State

Unemployment compensation.

Ante, p. 53.

 Extended Unemployment Compensation Act of 1970 is amended by striking out “July 1, 1974” and inserting in lieu thereof “August 1, 1974”.
Approved June 30, 1974.
Public Law 93–330: To authorize the foreign sale of the passenger vessel steamship Independence. Public Law 330 88 Stat. 288 1974-06-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–330
An Act To authorize the foreign sale of the passenger vessel steamship Independence.

June 30, 1974

[H. R. 8586]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

That, notwithstanding

SS Independence.

Foreign sale.

any other provision of law or of prior contract with the United States, the laid-up passenger vessel steamship Independence may be sold and transferred to foreign ownership, registry, and flag, with the prior approval of the Secretary of Commerce. Such approval shall

Approval conditions.

 require (1) approval of the purchaser; (2) payment of existing debt and private obligations related to the vessel; (3) approval of the price, including terms of payment, for the sale of the vessel; (4) the seller to enter into an agreement with the Secretary whereby an amount equal to the net proceeds received from such sale in excess of existing obligations and expenses incident to the sale shall within a reasonable period be deposited in its capital construction fund or capital reserve fund; and (5) the purchaser to enter into an agreement with the Secretary, binding upon such purchaser and any later owner of the vessel and running with title to the vessel, that (a) the vessel will not carry passengers or cargo in competition, as determined by the Secretary, with any United States-flag passenger vessel for a period of88 Stat. 289 two years from the date the transferred vessel goes into operation; (b) the vessel will be made available to the United States in time of emergency and just compensation for title or use, as the case may be, shall be paid in accordance with section 902 of the Merchant Marine Act, 1936, as amended (46 U.S.C. 1242) ; (c) the purchaser will comply with such further conditions as the Secretary may impose as

Surety bond.

 authorized by sections 9, 37, and 41 of the Shipping Act, 1916, as amended (46 U.S.C. 808, 835, and 839); and (d) the purchaser will furnish a surety bond in an amount and with a surety satisfactory to the Secretary to secure performance of the foregoing agreements.

In addition to any other provision such agreement may contain for of (4) and (5) above, the agreement therein required may be specifically enforced by decree for specific performance or injunction in any district court of the United States. In the agreement

Agreement enforcement.

with the Secretary, the purchaser shall irrevocably appoint a corporate agent within the United States for services or process upon such purchaser in any action to enforce the agreement.
Approved June 30, 1974.
Public Law 93–331: To extend by thirty days the expiration date of the Export-Import Bank Act of 1945. Public Law 331 88 Stat. 289 1974-07-04 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–331
Joint Resolution To extend by thirty days the expiration date of the Export-Import Bank Act of 1945.

July 4, 1974

[S. J. Res. 218]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8 of the Export-Import Bank Act of 1945 is amended by striking out “June 30” and

12 USC 635f.

 inserting in lieu thereof “July 30”.
Approved July 4, 1974.
Public Law 93–332: To amend the Arms Control and Disarmament Act, as amended, in order to extend the authorization for appropriations, and for other purposes. Public Law 332 88 Stat. 289 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–332
An Act To amend the Arms Control and Disarmament Act, as amended, in order to extend the authorization for appropriations, and for other purposes.

July 8, 1974

[H. R. 12799]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

Arms control and Disarmament Act, amendments.

 41 (d) of the Arms Control and Disarmament Act (22 U.S.C. 2581 (d)) is amended by (1) deleting “as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals,” and substituting therefor “as authorized by section 3109 of title 5 of the United States Code,”; (2) deleting “section 5 of said Act, as amended (5 U.S.C. 73b–2)” and substituting therefor “section 5703 of such title”; and (3) deleting from the first proviso thereof “one hundred days” and substituting therefor “130 days”.
(b) Section 49(a) of such Act (22 U.S.C. 2589(a)) is amended by inserting in the second sentence thereof immediately after “$22,000,000,” the following: “and for the fiscal year 1975, the sum of $10,100,000,”. Approved July 8, 1974.
Public Law 93–333: To amend the Foreign Assistance Act of 1961 to authorize appropriations to provide disaster and other relief to Pakistan, Nicaragua, and the drought-stricken nations of Africa, and for other purposes. Public Law 333 88 Stat. 290 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 290 Public Law 93–333
An Act To amend the Foreign Assistance Act of 1961 to authorize appropriations to provide disaster and other relief to Pakistan, Nicaragua, and the drought-stricken nations of Africa, and for other purposes.

July 8, 1974

[H. R. 12412]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Foreign Disaster Assistance Act of 1974.

22 USC 2262 note.

22 USC 2261.

 be cited as the “Foreign Disaster Assistance Act of 1974”.
Sec. 2. Chapter 5 of part I of the Foreign Assistance Act of 1961 is amended— (1) by striking out of the chapter heading “Contingency Fund” and inserting in lieu thereof “Disaster Relief”; and (2) by inserting immediately after section 451 the following new section:
“Sec. 452. Disaster Relief Assistance.— There are authorized to be

Pakistan and Nicaragua.

22 USC 2262.

 appropriated, in addition to other sums available for such purposes, $65,000,000 for use by the President for disaster relief and emergency recovery needs in Pakistan and Nicaragua, under such terms and conditions as he may determine, such sums to remain available until expended.”
Sec. 3. Section 639A of the Foreign Assistance Act of 1961 is

Drought stricken African nations.

22 USC 2399–1a.

 amended— (1) by striking out “the African Sahel” in the section caption and inserting “Drought-stricken African Nations” in lieu thereof; (2) by striking out of subsection (a) “Sahelian”; (3) by striking out “$25,000,000” in subsection (b) and inserting “$110,000,000” in lieu thereof; (4) by striking out “Sahelian” in subsection (b); and (5) by adding at the end of subsection (b) the following new sentence: “Of the amount authorized to be appropriated under

Ethiopia, appropriation limitation.

 this subsection, not more than $10,000,000 shall be made available for Ethiopia.”
Sec. 4. The Secretary of State shall keep the appropriate committees

Debts owed to U.S. , information to congressional committees.

22 USC 2395 note.

 of Congress fully and currently informed of the ongoing status of any negotiations with any foreign government regarding the cancellation, renegotiation, rescheduling, or settlement of any debt owed to the United States by any such foreign government under the Foreign Assistance Act of 1961. The Secretary of State shall transmit to the

22 USC 2151 note.

Debt modification proposals, transmittal to Congress.

 Speaker of the House of Representatives, and to the chairman of the appropriate Senate committee, the text of any international agreement proposing a modification in the terms of such debt no less than thirty days prior to its entry into force, together with a detailed explanation of the interest of the United States in such modification.
Approved July 8, 1974.
Public Law 93–334: To repeal section 274 of the Revised Statutes of the United States relating to the District of Columbia, requiring compulsory vaccination against smallpox for public school students. Public Law 334 88 Stat. 290 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–334
An Act To repeal section 274 of the Revised Statutes of the United States relating to the District of Columbia, requiring compulsory vaccination against smallpox for public school students.

July 8, 1974

[H. R. 8747]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 274 of

D.C.

Smallpox vaccination requirement, repeal.

 the Revised Statutes of the United States relating to the District of Columbia (D.C. Code, sec. 31–1102) is hereby repealed.
Approved July 8, 1974.
Public Law 93–335: To amend Public Law 93–233 to extend for an additional twelve months (until July 1, 1975) the eligibility of supplemental security income recipients for food stamps. Public Law 335 88 Stat. 291 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 291 Public Law 93–335
An Act To amend Public Law 93–233 to extend for an additional twelve months (until July 1, 1975) the eligibility of supplemental security income recipients for food stamps.

July 8, 1974

[H. R. 15124]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

SSI program beneficiaries.

Food stamp eligibility, extension.

7 USC 2012 note.

 8(a) (1) of Public Law 93–233 is amended by striking out “6-month period”, where it appears in the matter preceding the colon and in the new sentence added by such section, and inserting in lieu thereof in each instance “18-month period”. (b) Subsections (a) (2), (b) (1), (b) (2), (b) (3), and (e) of section 8 of such public law are each amended by striking out “6-month period” and inserting in lieu thereof “18-month period”.

7 USC 612c note, 1431 note; 42 USC 1382e note.

Effective date.

 (c) The amendments made by this section shall be effective as of July 1, 1974.
Sec. 2. (a) Section 212(a) (3) (B) (i) of Public Law 93–66 is

42 USC 1382 note.

 amended by striking out “and” after “June 1973,” and inserting in lieu thereof the following: “together with the bonus value of food stamps for January 1972, as defined in section 401(b) (3) of Public Law 92–603, if, for such month, such individual resides in a State

42 USC 1382e note.

 which provides State supplementary payments (I) of the type described in section 1616(a) of the Social Security Act, and (II) the

42 USC 1382e.

 level of which has been found by the Secretary pursuant to section 8 of Public Law 93–233 to have been specifically increased so as to

7 USC 2012 note.

 include the bonus value of food stamps, and”. (b) (1) The amendment made by subsection (a) shall take effect on January 1, 1974. (2) The Secretary of Health, Education, and Welfare is authorized

Effective date.

42 USC 1382 note.

 to prescribe regulations for the adjustment of an individual’s monthly supplemental security income payment in accordance with any increase

Payment adjustment.

 to which such individual may be entitled under the amendment made by subsection (a) of this section: Provided, That such adjustment in monthly payment, together with the remittance of any prior unpaid increments to which such individual may be entitled under such amendment, shall be made no later than the first day of the first month beginning more than sixty days after the date of the enactment of this Act.
Approved July 8, 1974.
Public Law 93–336: To amend sections 2733 and 2734 of title 10, United States Code, and section 715 of title 32, United States Code, to increase the maximum amount of a claim against the United States that may be paid administratively under those sections and to allow increased delegation of authority to settle and pay certain of those claims. Public Law 336 88 Stat. 291 1974-07-08 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–336
An Act To amend sections 2733 and 2734 of title 10, United States Code, and section 715 of title 32, United States Code, to increase the maximum amount of a claim against the United States that may be paid administratively under those sections and to allow increased delegation of authority to settle and pay certain of those claims.

July 8, 1974

[H. R. 9800]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2733

Military claims.

Administrative settlement.

 of title 10, United States Code, is amended as follows: (1) Subsection (a) is amended by striking out “$15,000” and inserting “$25,000” in place of “$15,000”. (2) Subsection (d) is amended by striking out “$15,000” both places it appears and inserting “$25,000” in place thereof. 88 Stat. 292 (3) Subsection (g) is amended by striking out “$2,500” and inserting “$5,000” in place thereof.
Sec. 2. Section 2734 of title 10, United States Code, is amended by striking out “$15,000” wherever it appears and inserting “$25,000” in place thereof.
Sec. 3. Section 715 of title 32, United States Code, is amended as follows: (1) Subsection (a) is amended by striking out “$15,000” and inserting “$25,000” in place of “$15,000”. (2) Subsection (d) is amended by striking out “$15,000” both places it appears and inserting “$25,000” in place thereof. (3) Subsection (f) is amended by striking out “$2,500” and inserting “$5,000” in place thereof.
Approved July 8, 1974.
Public Law 93–337: To amend title 38, United States Code, to provide a ten-year delimiting period for the pursuit of educational programs by veterans, wives, and widows. Public Law 337 88 Stat. 292 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–337
An Act To amend title 38, United States Code, to provide a ten-year delimiting period for the pursuit of educational programs by veterans, wives, and widows.

July 10, 1974

[S. 3705]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 1662

Veterans.

Educational programs, ten-year delimiting period.

 of title 38, United States Code, is amended— (1) by deleting “eight” in subsection (a) and inserting in lieu thereof “10”; (2) by deleting “8-year” in subsection (b) and inserting in lieu thereof “10-year”; (3) by deleting “8-year” and “eight-year” in subsection (c) and inserting in lieu thereof “10-year”, respectively; and (4) by adding at the end thereof the following new subsection: “(d) In the case of any veteran (1) who served on or after January

Prisoners of war.

 31, 1955, (2) who became eligible for educational assistance under the provisions of this chapter or chapter 36 of this title, and (3) who,

38 USC 1770.

 subsequent to his last discharge or release from active duty, was captured and held as a prisoner of war by a foreign government or power, there shall be excluded, in computing his 10-year period of eligibility for educational assistance, any period during which he was so detained and any period immediately following his release from such detention during which he was hospitalized at a military, civilian, or Veterans’ Administration medical facility.”.
Sec. 2. Section 1712 of title 38, United States Code, is amended—

Eligibility periods.

 (1) by deleting “eight” in subsection (b) and inserting in lieu thereof “10”; and (2) by deleting “eight” in subsection (f) and inserting in lieu thereof “10”.
Sec. 3. Section 604 (a) and (b) of Public Law 92–540 (82 Stat. 1333, October 24, 1972) is amended by deleting “eight” and inserting in lieu

86 Stat. 1099.

38 USC 1712 note.

 thereof “10”.
Approved July 10, 1974.
Public Law 93–338: Providing that funds apportioned for forest highways under section 202(a) title 23, United States Code, remain available until expended. Public Law 338 88 Stat. 293 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 293 Public Law 93–338
An Act Providing that funds apportioned for forest highways under section 202(a) title 23, United States Code, remain available until expended.

July 10, 1974

[S. 3490]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Notwithstanding

Forest highways.

 the provisions of section 203, title 23, United States Code, sums authorized for fiscal year 1972 and apportioned to States for forest highways under section 202(a), title 23, United States Code, shall remain available until expended.
Approved July 10, 1974.
Public Law 93–339: To amend the Northwest Atlantic Fisheries Act of 1950 to permit United States participation in international enforcement of fish conservation in additional geographic areas, pursuant to the International Convention for the Northwest Atlantic Fisheries, 1949, and for other purposes. Public Law 339 88 Stat. 293 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–339
An Act To amend the Northwest Atlantic Fisheries Act of 1950 to permit United States participation in international enforcement of fish conservation in additional geographic areas, pursuant to the International Convention for the Northwest Atlantic Fisheries, 1949, and for other purposes.

July 10, 1974

[H. R. 14291]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

Northwest Atlantic Fisheries Act of 1950, amendments.

 2 of the Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 981) is amended by striking out subsection (d) and redesignating subsections (e), (f), (g), (h), (i), and (j) as subsections (d), (e), (f), (g), (h), and (i), respectively. (b) The first sentence of section 4(a) of such Act (16 U.S.C. 983(a)) is amended by striking out “of the convention area” each place it appears and inserting in lieu thereof in each such place “under regulation by the Commission”. (c) Section 4(b) of such Act (16 U.S.C. 983(b)) is amended by striking out “may” and inserting “shall” in lieu thereof. (d) Section 7(d) of such Act (16 U.S.C. 986(d)) is amended by striking out “that portion of the convention area” and inserting in lieu thereof “any area inhabited by species of fish which are regulated by the Commission”. (e) Section 7(e) of such Act (16 U.S.C. 986(e)) is amended by striking out “any portion of the convention area except such portions” and inserting in lieu thereof “any area inhabited by species of fish which are regulated by the Commission except any such area”. (f) Section 9(c) of such Act (16 U.S.C. 988(c)) is amended by striking out “the convention area” and inserting in lieu thereof “any area inhabited by species of fish which are regulated by the Commission”. (g) Subsection (b) of section 4 of the Act of September 27, 1950 (64 Stat. 1068), is amended by adding the following sentence to the end thereof: “The Secretary of State shall submit an annual report to

Annual report to Congress.

 the Congress of the costs incurred in reimbursing travel and per diem expenses of members of the advisory committee pursuant to this subsection.”
Approved July 10, 1974.
Public Law 93–340: To amend title 5 of the United States Code (relating to Government organization and employees) to assist Federal employees in meeting their tax obligations under city ordinances. Public Law 340 88 Stat. 294 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 294 Public Law 93–340
An Act To amend title 5 of the United States Code (relating to Government organization and employees) to assist Federal employees in meeting their tax obligations under city ordinances.

July 10, 1974

[H. R. 8660]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) subchapter

Federal employees.

Withholding certain city taxes.

 II of chapter 55 of title 5, United States Code, is amended by adding at the end thereof the following new section:
“§5520. Withholding of city income or employment taxes “(a) When a city ordinance— “(1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the city; and “(2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city in the case of employees whose regular place of employment is within such jurisdiction; the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the city within 120 days

Agreement with city.

 of a request for agreement by the proper city official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the city ordinance in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the jurisdiction of the city with which the agreement is made. The agreement may not apply to pay for service as a member of the Armed Forces. The agreement may not permit withholding of a city tax from the pay of an employee who is not a resident of the State in which that city is located unless the employee consents to the withholding. “(b) This section does not give the consent of the United States to the application of an ordinance which imposes more burdensome requirements on the United States than on other employers or which subjects the United States or its employees to a penalty or, liability because of this section. An agency of the United States may not accept pay from a city for services performed in withholding city income or employment taxes from the pay of employees of the agency. “(c) For the purpose of this section— “(1) ‘city’ means a city which is duly incorporated under the

“City.”

 laws of a State and within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government; and “(2) ‘agency’ means—

“Agency.”

 “(A) an Executive agency; “(B) the judicial branch; and “(C) the United States Postal Service.”
(b) The analysis of subchapter II of chapter 55 of title 5, United States Code, is amended by adding at the end thereof— “5520.
Sec. 2. Section 410(b) of title 39, United States Code, is amended by striking out the words “and section 5532 (dual pay)” and inserting in lieu thereof “section 5520 (withholding city income or employment

Supra.

5 USC 5532.

 taxes), and section 5532 (dual pay)”.
88 Stat. 295
Sec. 3. This section shall become effective on the date of enactment

Effective date.

5 USC 5520 note.

 of this Act. The provisions of the first section and section 2 of this Act shall become effective on the ninetieth day following the date of enactment.
Approved July 10, 1974.
Public Law 93–341: To establish in the State of Florida the Egmont Key National Wildlife Refuge. Public Law 341 88 Stat. 295 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–341
An Act To establish in the State of Florida the Egmont Key National Wildlife Refuge.

July 10, 1974

[H. R. 8977]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Egmont Key National Wildlife Refuge, Fla.

Establishment.

16 USC 668dd note.

 of the Interior shall establish the Egmont Key National Wildlife Refuge (hereafter referred to in this Act as the “refuge”) as part of the national wildlife refuge system, which shall consist of that area of land and water described in section 2 of this Act.
Sec. 2. The Secretary of the Interior shall designate as the refuge,

Description.

 subject to existing valid rights, the land and water, being approximately two hundred and fifty acres, which are— (1) generally depicted on the map entitled “Egmont Key National Wildlife Refuge”, dated October 1973, and (2) located within sections 23, 24. 25, and 26 of township 33 south, range 15 east, Tallahassee meridian, but excluding (A) the land therein under the jurisdiction of the United States Coast Guard which lies at the north end of the island north of a line drawn east to west six hundred feet south of the geometric center of the light tower, and (B) the land therein conveyed by the United States to the county of Hillsborough, Florida, by deed dated March 8, 1928, by publication of a precise description of such land and water in the

Publication in Federal Register.

 Federal Register. The map referred to in the preceding sentence shall be on file and available for public inspection in the office of the Bureau of Sport Fisheries and Wildlife, Department of the Interior.
Sec. 3. The Secretary of the Interior shall administer the refuge

Administration.

 in accordance with the National Wildlife Refuge System Administration Act of 1966, as amended (80 Stat. 927; 16 U.S.C. 668dd–ee).
Approved July 10, 1974.
Public Law 93–342: To authorize appropriations for the saline water program for fiscal year 1975, and for other purposes. Public Law 342 88 Stat. 295 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–342
An Act To authorize appropriations for the saline water program for fiscal year 1975, and for other purposes.

July 10, 1974

[H. R. 13221]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) there is

Saline water program, 1975.

Appropriation authorization.

42 USC 1959 note.

 authorized to be appropriated to carry out the provisions of the Saline Water Conversion Act of 1971 (85 Stat. 159) during fiscal year 1975, the sum of $13,910,000 to remain available until expended as follows: (1) Research expense, not more than $2,300,000; (2) Development expense, not more than $6,084,000; 88 Stat. 296 (3) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion test beds and test facilities, not more than $2,626,000 ; (4) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion modules, not more than $900,000; and (5) Administration and coordination, not more than $2,000,000. (b) Expenditures and obligations under paragraphs (1), (2), (3) ,

Limitations.

 and (4) of subsection (a) of this section may be increased by not more than 10 per centum and expenditures and obligations under paragraph (5) of subsection (a) of this section may be increased by not more than 2 per centum, if any such increase under any paragraph is accompanied by an equal decrease in expenditures and obligations under one or more of the other paragraphs.
Sec. 2. In addition to the sums authorized to be appropriated by

Additional sums.

 section 1 of this Act there are also authorized to be appropriated such additional sums or supplemental amounts as may be necessary for increases in salary, pay, retirement, or other employee benefits authorized by law or other nondiscretionary costs.
Approved July 10, 1974.
Public Law 93–343: To authorize the Commissioner of Education to carry out a program to assist persons from disadvantaged backgrounds to undertake training for the legal profession. Public Law 343 88 Stat. 296 1974-07-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–343
An Act To authorize the Commissioner of Education to carry out a program to assist persons from disadvantaged backgrounds to undertake training for the legal profession.

July 10, 1974

[H. R. 15296]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That funds appropriated

Legal education fellowship program, authorization.

20 USC 1134n.

 for part D of title IX of the Higher Education Act of 1965 by the Department of Labor and Health, Education, and Welfare, and Related Agencies Appropriations Act for the fiscal year ending June 30, 1974 (Public Law 93–192), shall remain available for obligation

87 Stat. 746.

 through September 15, 1974, for the purpose of supporting a program to assist persons from disadvantaged backgrounds to prepare and be educated for the legal profession.
Sec. 2. In order to carry out the program authorized by this Act,

Grants to private nonprofit organizations.

 the Commissioner of Education is authorized to make grants to private nonprofit organizations representative of legal education and the legal profession for the purpose of (1) selecting and counseling such persons; (2) paying stipends to such persons and in such amounts as the Commissioner may determine to be appropriate; and (3) paying for any administrative expenses incurred in the carrying out of activities authorized by this Act.
Sec. 3. The activities authorized by this Act may be carried out without regard to the requirements and limitations set forth in sections 961, 962, and 963 of part D of title IX of the Higher Education Act of 1965.

20 USC 1134n, 11340, 1134p.
Approved July 10, 1974.
Public Law 93–344: To establish a new congressional budget process; to establish Committees on the Budget in each House; to establish a Congressional Budget Office; to establish a procedure providing congressional control over the impoundment of funds by the executive branch; and for other purposes. Public Law 344 88 Stat. 297 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 297 Public Law 93–344
An Act To establish a new congressional budget process; to establish Committees on the Budget in each House; to establish a Congressional Budget Office; to establish a procedure providing congressional control over the impoundment of funds by the executive branch; and for other purposes.

July 12, 1974

[H. R. 7130]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Congressional Budget and Impoundment Control Act of 1974.

31 USC 1301 note.
short titles; table of contents
Section 1. (a) Short Titles.— This Act may be cited as the “Congressional Budget and Impoundment Control Act of 1974”. Titles I through IX may be cited as the “Congressional Budget Act of 1974”, and title X may be cited as the “Impoundment Control Act of 1974”. (b) Table of Contents.— Sec. 1. Sec. 2. Sec. 3. TITLE I— Sec. 101. Sec. 102. TITLE II— Sec. 201. Sec. 202. Sec. 203. TITLE III— Sec. 300. Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Sec. 307. Sec. 308. Sec. 309. Sec. 310. Sec. 311. TITLE IV— Sec. 401. Sec. 402. Sec. 403. Sec. 404. 88 Stat. 298 TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 506. TITLE VI— Sec. 601. Sec. 602. Sec. 603. Sec. 604. Sec. 605. Sec. 606. Sec. 607. TITLE VII— Sec. 701. Sec. 702. Sec. 703. TITLE VIII— Sec. 801. Sec. 802. TITLE IX— Sec. 901. Sec. 902. Sec. 903. Sec. 904. Sec. 905. Sec. 906. TITLE X— Part A— Sec. 1001. Sec. 1002. Sec. 1003. Part B— Sec. 1011. Sec. 1012. Sec. 1013. Sec. 1014. Sec. 1015. Sec. 1016. Sec. 1017.
declaration of purposes
Sec. 2. The Congress declares that it is essential—

31 USC 1301.

 (1) to assure effective congressional control over the budgetary process; (2) to provide for the congressional determination each year of the appropriate level of Federal revenues and expenditures; (3) to provide a system of impoundment control; (4) to establish national budget priorities; and (5) to provide for the furnishing of information by the executive branch in a manner that will assist the Congress in discharging its duties.
88 Stat. 299
definitions
Sec. 3. (a) In General.— For purposes of this Act—

31 USC 1302.

 (1) The terms “budget outlays” and “outlays” mean, with respect to any fiscal year, expenditures and net lending of funds under budget authority during such year. (2) The term “budget authority” means authority provided by law to enter into obligations which will result in immediate or future outlays involving Government funds, except that such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government. (3) The term “tax expenditures” means those revenue losses attributable to provisions of the Federal tax laws which allow a special exclusion, exemption, or deduction from gross income or which provide a special credit, a preferential rate of tax, or a deferral of tax liability; and the term “tax expenditures budget” means an enumeration of such tax expenditures. (4) The term “concurrent resolution on the budget” means— (A) a concurrent resolution setting forth the congressional budget for the United States Government for a fiscal year as provided in section 301; (B) a concurrent resolution reaffirming or revising the congressional budget for the United States Government for a fiscal year as provided in section 310; and (C) any other concurrent resolution revising the congressional budget for the United States Government for a fiscal year as described in section 304. (5) The term “appropriation Act” means an Act referred to in section 105 of title 1, United States Code.

Post, p. 322.

 (b) Joint Committee on Atomic Energy.— For purposes of titles II, III, and IV of this Act, the Members of the House of Representatives who are members of the Joint Committee on Atomic Energy shall be treated as a standing committee of the House, and the Members of the Senate who are members of the Joint Committee shall be treated as a standing committee of the Senate.
<num value="I">TITLE I—</num> <heading class="inline">ESTABLISHMENT OF HOUSE AND SENATE BUDGET COMMITTEES</heading> <sidenote><p class="firstIndent1 fontsize8">Congressional Budget Act of 1974.</p></sidenote> <section> <heading class="smallCaps centered">budget committee of the house of representatives</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Clause 1 of Rule X of the Rules of the House of Representatives is amended by redesignating paragraphs (e) through (u) as paragraphs (f) through (v) , respectively, and by inserting after paragraph (d) the following new paragraph: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <chapeau class="inline">Committee on the Budget, to consist of twenty-three Members <sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">five Members who are members of the Committee on Appropriations;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">five Members who are members of the Committee on Ways and Means;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">eleven Members who are members of other standing committees;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">one Member from the leadership of the majority party; and</content> </paragraph> <page identifier="/us/stat/88/300">88 <inline class="smallCaps">Stat</inline>. 300</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">one Member from the leadership of the minority party.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <continuation class="inline">No Member shall serve as a member of the Committee on the Budget<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> during more than two Congresses in any period of five successive Congresses beginning after 1974 (disregarding for this purpose any service performed as a member of such committee for less than a full session in any Congress). All selections of Members to serve on the<sidenote><p class="firstIndent1 fontsize8">Seniority rule exception.</p></sidenote> committee shall be made without regard to seniority.”</continuation> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Rule X of the Rules of the House of Representatives is amended by adding at the end thereof the following new clause: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“6. </num> <content class="inline">For carrying out the purposes set forth in clause 5 of Rule XI ,<sidenote><p class="firstIndent1 fontsize8">Committee sessions.</p></sidenote> the Committee on the Budget or any subcommittee thereof is authorized to sit and act at such times and places within the United States, whether the House is in session, has recessed, or has adjourned, to hold such hearings, to require the attendance of such witnesses and the production of such books or papers or documents or vouchers by subpena or otherwise, and to take such testimony and records, as it deems necessary. Subpenas may be issued over the signature of the chairman of<sidenote><p class="firstIndent1 fontsize8">Subpenas.</p></sidenote> the committee or of any member of the committee designated by him; and may be served by any person designated by such chairman or member. The chairman of the committee, or any member thereof, may administer oaths to witnesses.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Rule XI of the Rules of the House of Representatives is amended by redesignating clauses 5 through 33 as clauses 6 through 34, respectively, and by inserting after clause 4 the following new clause: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“5. </num> <content class="inline">Committee on the Budget</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="a">“(a) </num> <content class="inline">All concurrent resolutions on the budget (as defined in section 3(a)(4) of the Congressional Budget Act of 1974) and other matters required to be referred to the committee under titles III and IV of that Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">The committee shall have the duty—<sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to report the matters required to be reported by it under titles III and IV of the Congressional Budget Act of 1974;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to make continuing studies of the effect on budget outlays of relevant existing and proposed legislation and to report the results of such studies to the House on a recurring basis;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">to request and evaluate continuing studies of tax expenditures, to devise methods of coordinating tax expenditures, policies, and programs with direct budget outlays, and to report the results of such studies to the House on a recurring basis; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties.”</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">budget committee of the senate</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Paragraph 1 of rule XXV of the Standing Rules of the Senate is amended by adding at the end thereof the following new subparagraph: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="r">“(r) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Committee on the Budget, to which committee shall be referred all concurrent resolutions on the budget (as defined in section 3(a) (4) of the Congressional Budget Act of 1974) and all other matters required to be referred to that committee under titles III and IV of that Act, and messages, petitions, memorials, and other matters relating thereto.</content> </paragraph> <page identifier="/us/stat/88/301">88 <inline class="smallCaps">Stat</inline>. 301</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Such committee shall have the duty—<sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">to report the matters required to be reported by it under titles III and IV of the Congessional Budget Act of 1974;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">to make continuing studies of the effect on budget outlays of relevant existing and proposed legislation and to report the results of such studies to the Senate on a recurring basis;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to request and evaluate continuing studies of tax expenditures, to devise methods of coordinating tax expenditures, policies, and programs with direct budget outlays, and to report the results of such studies to the Senate on a recurring basis; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">to review, on a continuing basis, the conduct by the Congressional Budget Office of its functions and duties.”</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The table contained in paragraph 2 of rule XXV of the Standing Rules of the Senate is amended by inserting after— <quotedContent> <toc> <referenceItem><designator>“Banking, Housing and Urban Affairs: </designator><label>15”</label> </referenceItem> </toc> </quotedContent> <p class="inline">the following:</p> <quotedContent> <toc> <referenceItem><designator>“Budget </designator><label>15”.</label></referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Paragraph 6 of rule XXV of the Standing Rules of the Senate is amended by adding at the end thereof the following new subparagraph: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">For purposes of the first sentence of subparagraph (a), membership on the Committee on the Budget shall not be taken into account until that date occurring during the first session of the Ninety-fifth Congress, upon which the appointment of the majority and minority party members of the standing committees of the Senate is initially completed.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">Each meeting of the Committee on the Budget of the Senate, <sidenote><p class="firstIndent1 fontsize8">Open and closed meetings.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s190a–3">2 USC 190a–3</ref>.</p></sidenote> or any subcommittee thereof, including meetings to conduct hearings, shall be open to the public, except that a portion or portions of any such meeting may be closed to the public if the committee or subcommittee, as the case may be, determines by record vote of a majority of the members of the committee or subcommittee present that the matters to be discussed or the testimony to be taken at such portion or portions—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">will disclose matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">will relate solely to matters of committee staff personnel or internal staff management or procedure;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">will tend to charge an individual with crime or misconduct, to disgrace or injure the professional standing of an individual, or otherwise to expose an individual to public contempt or obloquy, or will represent a clearly unwarranted invasion of the privacy of an individual;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">will disclose the identity of any informer or law enforcement agent or will disclose any information relating to the investigation or prosecution of a criminal offense that is required to be kept secret in the interests of effective law enforcement; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">will disclose information relating to the trade secrets or financial or commercial information pertaining specifically to a given person if—</chapeau> <page identifier="/us/stat/88/302">88 <inline class="smallCaps">Stat</inline>. 302</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">an Act of Congress requires the information to be kept confidential by Government officers and employees; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific Government financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Paragraph 7(b) of rule XXV of the Standing Rules of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s190a–1">2 USC 190a–1 note</ref>.</p></sidenote> Senate and section 133A (b) of the Legislative Reorganization Act of 1946 shall not apply to the Committee on the Budget of the Senate.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s190a–1">2 USC 190a–1</ref>.</p></sidenote></content> </subsection> </section> </section> <num value="II">TITLE II—</num> <heading class="inline">CONGRESSIONAL BUDGET OFFICE</heading> <section> <heading class="smallCaps centered">establishment of office</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s601">2 USC 601</ref>.</p></sidenote></heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">There is established an office of the Congress to be known as the Congressional Budget Office (hereinafter in this title referred to as the "Office"). The Office shall be headed by a Director; and there shall be a Deputy Director who shall perform such duties as may be assigned to him by the Director and, during the absence or incapacity of the Director or during a vacancy in that office, shall act as Director.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Director shall be appointed by the Speaker of the<sidenote><p class="firstIndent1 fontsize8">Appointment.</p></sidenote> House of Representatives and the President pro tempore of the Senate after considering recommendations received from the Committees on the Budget of the House and the Senate, without regard to political affiliation and solely on the basis of his fitness to perform his duties. The Deputy Director shall be appointed by the Director.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The term of office of the Director first appointed shall<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> expire at noon on January 3, 1979, and the terms of office of Directors subsequently appointed shall expire at noon on January 3 of each fourth year thereafter. Any individual appointed as Director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serving as Director at the expiration of a term may continue to serve until his successor is appointed. Any Deputy Director shall serve until the expiration of the term of office of the Director who appointed him (and until his successor is appointed), unless sooner removed by the Director.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Director may be removed by either House by<sidenote><p class="firstIndent1 fontsize8">Removal.</p></sidenote> resolution.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The Director shall receive compensation at a per annum<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> gross rate equal to the rate of basic pay, as in effect from time to time, for level III of the Executive Schedule in section 5314 of title 5, United States Code. The Deputy Director shall receive compensation at a per annum gross rate equal to the rate of basic pay, as so in effect, for level IV of the Executive Schedule in section 5315 of such title.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Personnel</inline>.—</heading> <content class="inline">The Director shall appoint and fix the compensation <sidenote><p class="firstIndent1 fontsize8">Appointment and compensation.</p></sidenote> of such personnel as may be necessary to carry out the duties and functions of the Office. All personnel of the Office shall be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. The Director may prescribe the duties and responsibilities of the personnel of the Office, and delegate to them authority to perform any of the duties, powers, and functions imposed<page identifier="/us/stat/88/303">88 <inline class="smallCaps">Stat</inline>. 303</page> on the Office or on the Director. For purposes of pay (other than pay of the Director and Deputy Director) and employment benefits, rights, and privileges, all personnel of the Office shall be treated as if they were employees of the House of Representatives.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Experts and Consultants</inline>.—</heading> <content class="inline">In carrying out the duties and functions of the Office, the Director may procure the temporary (not to exceed one year) or intermittent services of experts or consultants or organizations thereof by contract as independent contractors, or, in the case of individual experts or consultants, by employment at rates of pay not in excess of the daily equivalent of the highest rate of basic pay payable under the General Schedule of section 5332 of title 5, United States Code. <sidenote><p class="firstIndent1 fontsize8">5 USC 5332 note.</p><p class="firstIndent1 fontsize8">Data, availability.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Relationship to Executive Branch</inline>.—</heading> <content class="inline">The Director is authorized to secure information, data, estimates, and statistics directly from the various departments, agencies, and establishments of the executive branch of Government and the regulatory agencies and commissions of the Government. All such departments, agencies, establishments, and regulatory agencies and commissions shall furnish the Director any available material which he determines to be necessary in the performance of his duties and functions (other than material the disclosure of which would be a violation of law). The Director is also authorized, upon agreement with the head of any such department, agency, establishment, or regulatory agency or commission, to utilize its services, facilities, and personnel with or without reimbursement; and the head of each such department, agency, establishment, or regulatory agency or commission is authorized to provide the Office such services, facilities, and personnel.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Relationship to Other Agencies of Congress</inline>.—</heading> <content class="inline">In carrying out the duties and functions of the Office, and for the purpose of coordinating the operations of the Office with those of other congressional agencies with a view to utilizing most effectively the information, services, and capabilities of all such agencies in carrying out the various responsibilities assigned to each, the Director is authorized to obtain information, data, estimates, and statistics developed by the General Accounting Office, the Library of Congress, and the Office of <sidenote><p class="firstIndent1 fontsize8">GAO, Library of Congress, Office of Technology Assessment, use of facilities.</p></sidenote> Technology Assessment, and (upon agreement with them) to utilize their services, facilities, and personnel with or without reimbursement. The Comptroller General, the Librarian of Congress, and the Technology Assessment Board are authorized to provide the Office with the information, data, estimates, and statistics, and the services, facilities, and personnel, referred to in the preceding sentence.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Appropriations</inline>.—</heading> <content class="inline">There are authorized to be appropriated to the Office for each fiscal year such sums as may be necessary to enable it to carry out its duties and functions. Until sums are first appropriated pursuant to the preceding sentence, but for a period not exceeding 12 months following the effective date of this subsection, the expenses of the Office shall be paid from the contingent fund of the Senate, in accordance with the paragraph relating to the contingent fund of the Senate under the heading “UNDER LEGISLATIVE” in the Act of October 1, 1888 (28 Stat. 546; 2 U.S.C. 68), and upon vouchers approved by the Director.</content> </subsection> </section> </section> <page identifier="/us/stat/88/304">88 <inline class="smallCaps">Stat</inline>. 304</page> <section> <heading class="smallCaps centered">duties and functions</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Assistance to Budget Committees</inline>.—</heading> <content class="inline">It shall be the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s602">2 USC 602</ref>.</p></sidenote> duty and function of the Office to provide to the Committees on the Budget of both Houses information which will assist such committees in the discharge of all matters within their jurisdictions, including (1) information with respect to the budget, appropriation bills, and other bills authorizing or providing budget authority or tax expenditures, (2) information with respect to revenues, receipts, estimated future revenues and receipts, and changing revenue conditions, and (3) such related information as such Committees may request.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Assistance to Committees on Appropriations, Ways and Means, and Finance</inline>.—</heading> <content class="inline">At the request of the Committee on Appropriations of either House, the Committee on Ways and Means of the House of Representatives, or the Committee on Finance of the Senate, the Office shall provide to such Committee any information which will assist it in the discharge of matters within its jurisdiction, including information described in clauses (1) and (2) of subsection (a) and such related information as the Committee may request.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Assistance to Other Committees and Members</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">At the request of any other committee of the House of Representatives or the Senate or any joint committee of the Congress, the Office shall provide to such committee or joint committee any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent practicable, such additional information related to the foregoing as may be requested.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">At the request of any Member of the House or Senate, the Office shall provide to such Member any information compiled in carrying out clauses (1) and (2) of subsection (a), and, to the extent available, such additional information related to the foregoing as may be requested.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Assignment of Office Personnel to Committees and Joint Committees</inline>.—</heading> <content class="inline">At the request of the Committee on the Budget of either House, personnel of the Office shall be assigned, on a temporary basis, to assist such committee. At the request of any other committee of either House or any joint committee of the Congress, personnel of the Office may be assigned, on a temporary basis, to assist such committee or joint committee with respect to matters directly related to the applicable provisions of subsection (b) or (c).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Transfer of Functions of Joint Committee on Reduction of Federal Expenditures</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The duties, functions, and personnel of the Joint Committee on Reduction of Federal Expenditures are transferred to the Office, and the Joint Committee is abolished.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 601 of the Revenue Act of 1941 (55 Stat. 726) is<sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s571">31 USC 571</ref>.</p></sidenote> repealed.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Reports to Budget Committees</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">On or before April 1 of each year, the Director shall submit to the Committees on the Budget of the House of Representatives and the Senate a report, for the fiscal year commencing on October 1 of that year, with respect to fiscal policy, including (A) alternative levels of total revenues, total new budget authority, and total outlays (including related surpluses and deficits), and (B) the levels of tax expenditures under existing law, taking into account projected economic factors and any changes in such levels based on proposals in the budget submitted by the President for such fiscal year. Such report shall also include a discussion of national budget priorities, including alternative ways of allocating<page identifier="/us/stat/88/305">88 <inline class="smallCaps">Stat</inline>. 305</page> budget authority and budget outlays for such fiscal year among major programs or functional categories, taking into account how such alternative allocations will meet major national needs and affect balanced growth and development of the United States.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Director shall from time to time submit to the Committees <sidenote><p class="firstIndent1 fontsize8">Reports, submittal to Budget Committees.</p></sidenote> on the Budget of the House of Representatives and the Senate such further reports (including reports revising the report required by paragraph (1)) as may be necessary or appropriate to provide such Committees with information, data, and analyses for the performance of their duties and functions.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <heading class="inline"><inline class="smallCaps">Use of Computers and Other Techniques</inline>.—</heading> <content class="inline">The Director may equip the Office with up-to-date computer capability (upon approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate), obtain the services of experts and consultants in computer <sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> technology, and develop techniques for the evaluation of budgetary requirements.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">public access to budget data</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Right To Copy</inline>.—</heading> <content class="inline">Except as provided in subsections <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t2/s603">2 USC 603</ref>.</p></sidenote> (c) and (d), the Director shall make all information, data, estimates, and statistics obtained under sections 201(d) and 201(e) available for public copying during normal business hours, subject to reasonable rules and regulations, and shall to the extent practicable, a t the request of any person, furnish a copy of any such information, data, estimates, or statistics upon payment by such person of the cost of making and furnishing such copy.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Index</inline>.—</heading> <content class="inline">The Director shall develop and maintain filing, coding, and indexing systems that identify the information, data, estimates, and statistics to which subsection (a) applies and shall make such systems available for public use during normal business hours.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <chapeau class="inline">Subsection (a) shall not apply to information, data, estimates, and statistics—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">which are specifically exempted from disclosure by law; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">which the Director determines will disclose—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">matters necessary to be kept secret in the interests of national defense or the confidential conduct of the foreign relations of the United States;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">information relating to trade secrets or financial or commercial information pertaining specifically to a given person if the information has been obtained by the Government on a confidential basis, other than through an application by such person for a specific financial or other benefit, and is required to be kept secret in order to prevent undue injury to the competitive position of such person; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">personnel or medical data or similar data the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;</content> </subparagraph> </paragraph> <continuation class="inline">unless the portions containing such matters, information, or data have been excised.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Information Obtained for Committees and Members</inline>.—</heading> <content class="inline">Subsection (a) shall apply to any information, data, estimates, and statistics obtained at the request of any committee, joint committee, or Member unless such committee, joint committee, or Member has instructed the Director not to make such information, data, estimates, or statistics available for public copying.</content> </subsection> </section> </section> 88 Stat. 306 <num value="III">TITLE III—</num> <heading class="inline">CONGRESSIONAL BUDGET PROCESS</heading> <section> <heading class="smallCaps centered">timetable</heading> <section class="firstIndent1 fontsize10"> <num value="300"><inline class="smallCaps">Sec</inline>. 300. </num> <content>The timetable with respect to the congressional budget<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1321">31 USC 1321</ref>.</p></sidenote> process for any fiscal year is as follows: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header"> <th style="text-align:center; vertical-align:bottom; font-size:8pt">On or before :</th> <th style="text-align:center; vertical-align:bottom; font-size:8pt">Action to be completed :</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">November 10</td> <td style="text-align:left; vertical-align:top">President submits current services budget. </td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">15th day after Congress meets</td> <td style="text-align:left; vertical-align:top">President submits his budget.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">March 15</td> <td style="text-align:left; vertical-align:top">Committees and joint committees submit reports to Budget Committees.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">April 1</td> <td style="text-align:left; vertical-align:top">Congressional Budget Office submits report to Budget Committees.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">April 15</td> <td style="text-align:left; vertical-align:top">Budget Committees report first concurrent resolution on the budget to their Houses.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">May 15</td> <td style="text-align:left; vertical-align:top">Committees report bills and resolutions authorizing new budget authority.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">May 15</td> <td style="text-align:left; vertical-align:top">Congress completes action on first concurrent resolution on the budget.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">7th day after Labor Day</td> <td style="text-align:left; vertical-align:top">Congress completes action on bills and resolutions providing new budget authority and new spending authority.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">September 15</td> <td style="text-align:left; vertical-align:top">Congress completes action on second required concurrent resolution on the budget.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">September 25</td> <td style="text-align:left; vertical-align:top">Congress completes action on reconciliation bill or resolution, or both, implementing second required concurrent resolution.</td> </tr> <tr> <td style="text-align:left; vertical-align:top" leaders="yes">October 1</td> <td style="text-align:left; vertical-align:top">Fiscal year begins.</td> </tr> </tbody> </table> </content> </section> </section> <section> <heading class="smallCaps centered">adoption of first concurrent resolution</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Action To Be Completed by May 15</inline>.—</heading> <chapeau class="inline">On or before<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1322">31 USC 1322</ref>.</p></sidenote> May 15 of each year, the Congress shall complete action on the first concurrent resolution on the budget for the fiscal year beginning on October 1 of such year. The concurrent resolution shall set forth—<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the appropriate level of total budget outlays and of total new budget authority;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an estimate of budget outlays and an appropriate level of new budget authority for each major functional category, for contingencies, and for undistributed intragovernmental transactions, based on allocations of the appropriate level of total budget outlays and of total new budget authority;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the amount, if any, of the surplus or the deficit in the budget which is appropriate in light of economic conditions and all other relevant factors;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the recommended level of Federal revenues and the amount, if any, by which the aggregate level of Federal revenues should be increased or decreased by bills and resolutions to be reported by the appropriate committees;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the appropriate level of the public debt, and the amount, if any, by which the statutory limit on the public debt should be increased or decreased by bills and resolutions to be reported by the appropriate committees; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">such other matters relating to the budget as may be appropriate to carry out the purposes of this Act.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Additional Matters in Concurrent Resolution</inline>.—</heading> <chapeau class="inline">The first concurrent resolution on the budget may also require—</chapeau> <page identifier="/us/stat/88/307">88 <inline class="smallCaps">Stat</inline>. 307</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a procedure under which all or certain bills and resolutions providing new budget authority or providing new spending authority described in section 401(c) (2) (C) for such fiscal year shall not be enrolled until the concurrent resolution required to be reported under section 310(a) has been agreed to, and, if a reconciliation bill or reconciliation resolution, or both, are required to be reported under section 310(c), until Congress has completed action on that bill or resolution, or both; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any other procedure which is considered appropriate to carry out the purposes of this Act.</content> </paragraph> <continuation class="inline">Not later than the close of the Ninety-fifth Congress, the Committee <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> on the Budget of each House shall report to its House on the implementation of procedures described in this subsection.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Views and Estimates of Other Committees</inline>.—</heading> <chapeau class="inline">On or before <sidenote><p class="firstIndent1 fontsize8">Submittal to congressional committees.</p></sidenote> March 15 of each year, each standing committee of the House of Representatives shall submit to the Committee on the Budget of the House, each standing committee of the Senate shall submit to the Committee on the Budget of the Senate, and the Joint Economic Committee and Joint Committee on Internal Revenue Taxation shall submit to the Committees on the Budget of both Houses—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">its views and estimates with respect to all matters set forth in subsection (a) which relate to matters within the respective jurisdiction or functions of such committee or joint committee; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">except in the case of such joint committees, the estimate of the total amounts of new budget authority, and budget outlays resulting therefrom, to be provided or authorized in all bills and resolutions within the jurisdiction of such committee which such committee intends to be effective during the fiscal year beginning on October 1 of such year.</content> </paragraph> <continuation class="inline">The Joint Economic Committee shall also submit to the Committees on the Budget of both Houses, its recommendations as to the fiscal policy appropriate to the goals of the Employment Act of 1946. Any <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t15/s1021">15 USC 1021 note</ref>.</p></sidenote> other committee of the House or Senate may submit to the Committee on the Budget of its House, and any other joint committee of the Congress may submit to the Committees on the Budget of both Houses, its views and estimates with respect to all matters set forth in subsection (a) which relate to matters within its jurisdiction or functions.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Hearings and Report</inline>.—</heading> <chapeau class="inline">In developing the first concurrent resolution <sidenote><p class="firstIndent1 fontsize8">Concurrent resolution, development.</p></sidenote> on the budget referred to in subsection (a) for each fiscal year, the Committee on the Budget of each House shall hold hearings and shall receive testimony from Members of Congress and such appropriate representatives of Federal departments and agencies, the general public, and national organizations as the committee deems desirable. On or before April 15 of each year, the Committee on the <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Budget of each House shall report to its House the first concurrent resolution on the budget referred to in subsection (a) for the fiscal year beginning on October 1 of such year. The report accompanying such concurrent resolution shall include, but not be limited to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a comparison of revenues estimated by the committee with those estimated in the budget submitted by the President;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a comparison of the appropriate levels of total budget outlays and total new budget authority, as set forth in such concurrent resolution, with total budget outlays estimated and total new budget authority requested in the budget submitted by the President;</content> </paragraph> <page identifier="/us/stat/88/308">88 <inline class="smallCaps">Stat</inline>. 308</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">with respect to each major functional category, an estimate of budget outlays and an appropriate level of new budget authority for all proposed programs and for all existing programs (including renewals thereof), with the estimate and level for existing programs being divided between permanent authority and funds provided in appropriation Acts, and each such division being subdivided between controllable amounts and all other amounts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an allocation of the level of Federal revenues recommended in the concurrent resolution among the major sources of such revenues;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the economic assumptions and objectives which underlie each of the matters set forth in such concurrent resolution and alternative economic assumptions and objectives which the committee considered;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">projections, not limited to the following, for the period of five fiscal years beginning with such fiscal year of the estimated levels of total budget outlays, total new budget outlays, total new budget authority, the estimated revenues to be received, and the estimated surplus or deficit, if any, for each fiscal year in such period, and the estimated levels of tax expenditures (the tax expenditures budget) by major functional categories;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">a statement of any significant changes in the proposed levels of Federal assistance to State and local governments; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">information, data, and comparisons indicating the manner in which, and the basis on which, the committee determined each of the matters set forth in the concurrent resolution, and the relationship of such matters to other budget categories.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">matters to be included in joint statement of managers; reports by committees</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Allocation of Totals</inline>.—</heading> <content class="inline">The joint explanatory statement <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1323">31 USC 1323</ref>.</p></sidenote> accompanying a conference report on a concurrent resolution on the budget shall include an estimated allocation, based upon such concurrent resolution as recommended in such conference report, of the appropriate levels of total budget outlays and total new budget authority among each committee of the House of Representatives and the Senate which has jurisdiction over bills and resolutions providing such new budget authority.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Reports by Committees</inline>.—</heading> <chapeau class="inline">As soon as practicable after a concurrent <sidenote><p class="firstIndent1 fontsize8">Subdivisions.</p></sidenote> resolution on the budget is agreed to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the Committee on Appropriations of each House shall, after consulting with the Committee on Appropriations of the other House, (A) subdivide among its subcommittees the allocation of budget outlays and new budget authority allocated to it in the joint explanatory statement accompanying the conference report on such concurrent resolution, and (B) further subdivide the amount with respect to each such subcommittee between controllable amounts and all other amounts; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">every other committee of the House and Senate to which an allocation was made in such joint explanatory statement shall, after consulting with the committee or committees of the other House to which all or part of its allocation was made, (A) subdivide such allocation among its subcommittees or among programs over which it has jurisdiction, and (B) further subdivide the amount with respect to each subcommittee or program between controllable amounts and all other amounts.</content> </paragraph> <page identifier="/us/stat/88/309">88 <inline class="smallCaps">Stat</inline>. 309</page> <continuation class="inline">Each such committee shall promptly report to its House the subdivisions <sidenote><p class="firstIndent1 fontsize8">Congressional committees’ report of subdivisions.</p></sidenote> made by it pursuant to this subsection.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Subsequent Concurrent Resolutions</inline>.—</heading> <content class="inline">In the case of a concurrent resolution on the budget referred to in section 304 or 310, the allocation under subsection (a) and the subdivisions under subsection (b) shall be required only to the extent necessary to take into account revisions made in the most recently agreed to concurrent resolution on the budget.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">first concurrent resolution on the budget must be adopted before legislation providing new budget authority, new spending authority, or changes in revenues or public debt limit is considered</heading> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">In General</inline>.—</heading> <chapeau class="inline">It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution (or amendment thereto) which provides—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">new budget authority for a fiscal year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an increase or decrease in revenues to become effective during a fiscal year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">an increase or decrease in the public debt limit to become effective during a fiscal year; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">new spending authority described in section 401(c) (2) (C) to become effective during a fiscal year;</content> </paragraph> <continuation class="inline">until the first concurrent resolution on the budget for such year has been agreed to pursuant to section 301.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <chapeau class="inline">Subsection (a) does not apply to any bill or resolution—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">providing new budget authority which first becomes available in a fiscal year following the fiscal year to which the concurrent resolution applies; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">increasing or decreasing revenues which first become effective in a fiscal year following the fiscal year to which the concurrent resolution applies.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Waiver in the Senate</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The committee of the Senate which reports any bill or resolution to which subsection (a) applies may at or after the time it reports such bill or resolution, report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution, and (B) stating the reasons why the waiver is necessary. The resolution shall then be referred to the <sidenote><p class="firstIndent1 fontsize8">Resolution referral.</p></sidenote> Committee on the Budget of the Senate. That committee shall report the resolution to the Senate within 10 days after the resolution <sidenote><p class="firstIndent1 fontsize8">Report to Senate.</p></sidenote> is referred to it (not counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred, accompanied by that committee’s recommendations and reasons for such recommendations with respect to the resolution. If the committee does not report the resolution within such 10-day period, it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">During the consideration of any such resolution, debate <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> shall be limited to one hour, to be equally divided between, and controlled by, the majority leader and minority leader or their designees, and the time on any debatable motion or appeal shall be limited to twenty minutes, to be equally divided between, and controlled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion<page identifier="/us/stat/88/310">88 <inline class="smallCaps">Stat</inline>. 310</page> or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. No amendment to the resolution is in order.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) of this section shall not apply with respect to the bill or resolution to which the resolution so agreed to applies.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">permissible revisions of concurrent resolutions of the budget</heading> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content class="inline">At any time after the first concurrent resolution on the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1325">31 USC 1325</ref>.</p></sidenote> budget for a fiscal year has been agreed to pursuant to section 301, and before the end of such fiscal year, the two Houses may adopt a concurrent resolution on the budget which revises the concurrent resolution on the budget for such fiscal year most recently agreed to.</content> </section> </section> <section> <heading class="smallCaps centered">provisions relating to the consideration of concurrent resolutions on the budget</heading> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a)</num> <heading class="inline"><inline class="smallCaps">Procedure in House of Representatives After Report of Committee; Debate</inline>.—</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1326">31 USC 1326</ref>.</p></sidenote> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">When the Committee on the Budget of the House has reported any concurrent resolution on the budget, it is in order at any time after the tenth day (excluding Saturdays, Sundays, and legal holidays) following the day on which the report upon such resolution has been available to Members of the House (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the concurrent resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">General debate on any concurrent resolution on the budget<sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> in the House of Representatives shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debatable. A motion to recommit the concurrent resolution is not in order, and it is not in order to move to reconsider the vote by which the concurrent resolution is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Consideration of any concurrent resolution on the budget by the House of Representatives shall be in the Committee of the Whole, and the resolution shall be read for amendment under the five-minute rule in accordance with the applicable provisions of rule XXIII of the Rules of the House of Representatives. After the Committee rises and reports the resolution back to the House, the previous question shall be considered as ordered on the resolution and any amendments thereto to final passage without intervening motion; except that it shall be in order at any time prior to final passage (notwithstanding any other rule or provision of law) to adopt an amendment (or a series of amendments) changing any figure or figures in the resolution as so reported to the extent necessary to achieve mathematical consistency.</content> </paragraph> <page identifier="/us/stat/88/311">88 <inline class="smallCaps">Stat</inline>. 311</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Debate in the House of Representatives on the conference <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> report on any concurrent resolution on the budget shall be limited to not more than 5 hours, which shall be divided equally between the majority and minority parties. A motion further to limit debate is not debatable. A motion to recommit the conference report is not in order, and it is not in order to move to reconsider the vote by which the conference report is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Motions to postpone, made with respect to the consideration of any concurrent resolution on the budget, and motions to proceed to the consideration of other business, shall be decided without debate.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any concurrent resolution on the budget shall be decided without debate.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Procedure in Senate After Report of Committee; Debate; Amendments</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Debate in the Senate on any concurrent resolution on the <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> budget, and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 50 hours, except that, with respect to the second required concurrent resolution referred to in section 310(a), all such debate shall be limited to not more than 15 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the Senate on any amendment to a concurrent resolution on the budget shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution, except that in the event the manager of the concurrent resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of such concurrent resolution shall be received. Such leaders, or either of them, may, from the time under their control on the passage of the concurrent resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">A motion to further limit debate is not debatable. A motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Notwithstanding any other rule, an amendment, or series of amendments, to a concurrent resolution on the budget proposed in the Senate shall always be in order if such amendment or series of amendments proposes to change any figure or figures then contained in such concurrent resolution so as to make such concurrent resolution mathematically consistent or so as to maintain such consistency.</content> </paragraph> </subsection> <page identifier="/us/stat/88/312">88 <inline class="smallCaps">Stat</inline>. 312</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Action on Conference Reports in the Senate</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The conference report on any concurrent resolution on the budget shall be in order iii the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">During the Consideration in the Senate of the conference<sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> report on any concurrent resolution on the budget, debate shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to 1 hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to one-half hour, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between and controlled by the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Required Action by Conference Committee</inline>.—</heading> <chapeau class="inline">If, at the end of<sidenote><p class="firstIndent1 fontsize8">Conference report, submittal to Congress.</p></sidenote> 7 days (excluding Saturdays, Sundays, and legal holidays) after the conferees of both Houses have been appointed to a committee of conference on a concurrent resolution on the budget, the conferees are unable to reach agreement with respect to all matters in disagreement between the two Houses, then the conferees shall submit to their respective Houses, on the first day thereafter on which their House is in session—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a conference report recommending those matters on which they have agreed and reporting in disagreement those matters on which they have not agreed; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a conference report in disagreement, if the matter in disagreement is an amendment which strikes out the entire text of the concurrent resolution and inserts a substitute text.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Concurrent Resolution Must Be Consistent in the Senate</inline>.—</heading> <chapeau class="inline">It shall not be in order in the Senate to vote on the question of agreeing to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a concurrent resolution on the budget unless the figures then contained in such resolution are mathematically consistent; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a conference report on a concurrent resolution on the budget unless the figures contained in such resolution, as recommended in such conference report, are mathematically consistent.</content> </paragraph> </subsection> </section> </section> <page identifier="/us/stat/88/313">88 <inline class="smallCaps">Stat</inline>. 313</page> <section> <heading class="smallCaps centered">legislation dealing with congressional budget must be handled by budget committees</heading> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <content class="inline">No bill or resolution, and no amendment to any bill or <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1327">31 USC 1327</ref>.</p></sidenote> resolution, dealing with any matter which is within the jurisdiction of the Committee on the Budget of either House shall be considered in that House unless it is a bill or resolution which has been reported by the Committee on the Budget of that House (or from the consideration of which such committee has been discharged) or unless it is an amendment to such a bill or resolution.</content> </section> </section> <section> <heading class="smallCaps centered">house committee action on all appropriation bills to be completed before first appropriation bill is reported</heading> <section class="firstIndent1 fontsize10"> <num value="307"><inline class="smallCaps">Sec</inline>. 307. </num> <content class="inline">Prior to reporting the first regular appropriation bill for <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1328">31 USC 1328</ref>.</p></sidenote> each fiscal year, the Committee on Appropriations of the House of Representatives shall, to the extent practicable, complete subcommittee markup and full committee action on all regular appropriation bills for that year and submit to the House a summary report comparing <sidenote><p class="firstIndent1 fontsize8">Summary report, submittal to House.</p></sidenote> the committee’s recommendations with the appropriate levels of budget outlays and new budget authority as set forth in the most recently agreed to concurrent resolution on the budget for that year.</content> </section> </section> <section> <heading class="smallCaps centered">reports, summaries, and projections of congressional budget actions</heading> <section class="firstIndent1 fontsize10"> <num value="308"><inline class="smallCaps">Sec</inline>. 308. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Reports on Legislation Providing New Budget Authority or Tax Expenditures</inline>.—</heading> <chapeau class="inline">Whenever a committee of either <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1329">31 USC 1329</ref>.</p></sidenote> House reports a bill or resolution to its House providing new budget authority (other than continuing appropriations) or new or increased tax expenditures for a fiscal year, the report accompanying that bill <sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote> or resolution shall contain a statement, prepared after consultation with the Director of the Congressional Budget Office, detailing—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">in the case of a bill or resolution providing new budget authority—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">how the new budget authority provided in that bill or resolution compares with the new budget authority set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year and the reports submitted under section 302;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">a projection for the period of 5 fiscal years beginning with such fiscal year of budget outlays, associated with the budget authority provided in that bill or resolution, in each fiscal year in such period: and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">the new budget authority, and budget outlays resulting therefrom, provided by that bill or resolution for financial assistance to State and local governments; and</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">in the case of a bill or resolution providing new or increased tax expenditures—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">how the new or increased tax expenditures provided in that bill or resolution will affect the levels of tax expenditures under existing law as set forth in the report accompanying the first concurrent resolution on the budget for such fiscal year, or, if a report accompanying a subsequently agreed to concurrent resolution for such year sets forth such levels, then as set forth in that report; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">a projection for the period of 5 fiscal years beginning with such fiscal year of the tax expenditures which will result from that bill or resolution in each fiscal year in such period.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/314">88 <inline class="smallCaps">Stat</inline>. 314</page> <continuation class="inline">No projection shall be required for a fiscal year under paragraph (1) (B) or (2) (B) if the committee determines that a projection for that fiscal year is impracticable and states in its report the reason for such impracticability.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Up-to-Date Tabulation of Congressional Budget Actions</inline>.—</heading> <chapeau class="inline">The Director of the Congressional Budget Office shall issue periodic <sidenote><p class="firstIndent1 fontsize8">Periodic reports.</p></sidenote> reports detailing and tabulating the progress of congressional action on bills and resolutions providing new budget authority and changing revenues and the public debt limit for a fiscal year. Such reports shall<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote> include, but are not limited to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an up-to-date tabulation comparing the new budget authority for such fiscal year in bills and resolutions on which Congress has completed action and estimated outlays, associated with such new budget authority, during such fiscal year to the new budget authority and estimated outlays set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year and the reports submitted under section 302;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an up-to-date status report on all bills and resolutions providing new budget authority and changing revenues and the public debt limit for such fiscal year in both Houses;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">an up-to-date comparison of the appropriate level of revenues contained in the most recently agreed to concurrent resolution on the budget for such fiscal year with the latest estimate of revenues for such year (including new revenues anticipated during such year under bills and resolutions on which the Congress has completed action); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an up-to-date comparison of the appropriate level of the public debt contained in the most recently agreed to concurrent resolution on the budget for such fiscal year with the latest estimate of the public debt during such fiscal year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Five-Year Projection of Congressional Budget Action</inline>.—</heading> <chapeau class="inline">As <sidenote><p class="firstIndent1 fontsize8">Report.</p></sidenote> soon as practicable after the beginning of each fiscal year, the Director of the Congressional Budget Office shall issue a report projecting for the period of 5 fiscal years beginning with such fiscal year—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">total new budget authority and total budget outlays for each fiscal year in such period;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">revenues to be received and the major sources thereof, and the surplus or deficit, if any, for each fiscal year in such period; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">tax expenditures for each fiscal year in such period.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">completion of action on bills providing new budget authority and certain new spending authority</heading> <section class="firstIndent1 fontsize10"> <num value="309"><inline class="smallCaps">Sec</inline>. 309. </num> <chapeau class="inline">Except as otherwise provided pursuant to this title, not<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1330">31 USC 1330</ref>.</p></sidenote> later than the seventh day after Labor Day of each year, the Congress shall complete action on all bills and resolutions—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">providing new budget authority for the fiscal year beginning on October 1 of such year, other than supplemental, deficiency, and continuing appropriation bills and resolutions, and other than the reconciliation bill for such year, if required to be reported under section 310(c); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">providing new spending authority described in section 401 (c) (2) (C) which is to become effective during such fiscal year.</content> </paragraph> <continuation class="inline">Paragraph (1) shall not apply to any bill or resolution if legislation authorizing the enactment of new budget authority to be provided in such bill or resolution has not been timely enacted.</continuation> </section> </section> <page identifier="/us/stat/88/315">88 <inline class="smallCaps">Stat</inline>. 315</page> <section> <heading class="smallCaps centered">second required concurrent resolution and reconciliation process</heading> <section class="firstIndent1 fontsize10"> <num value="310"><inline class="smallCaps">Sec</inline>. 310. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Reporting of Concurrent Resolution</inline>.—</heading> <chapeau class="inline">The Committee <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1331">31 USC 1331</ref>.</p></sidenote> on the Budget of each House shall report to its House a concurrent resolution on the budget which reaffirms or revises the concurrent resolution on the budget most recently agreed to with respect to the fiscal year beginning on October 1 of such year. Any such concurrent resolution on the budget shall also, to the extent necessary—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">specify the total amount by which—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">new budget authority for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">budget authority initially provided for prior fiscal years; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">new spending authority described in section 401 (c) (2)(C) which is to become effective during such fiscal year,</content> </subparagraph> <continuation class="inline">contained in laws, bills, and resolutions within the jurisdiction of a committee, is to be changed and direct that committee to determine and recommend changes to accomplish a change of such total amount;</continuation> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">specify the total amount by which revenues are to be changed and direct that the committees having jurisdiction to determine and recommend changes in the revenue laws, bills, and resolutions to accomplish a change of such total amount;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">specify the amount by which the statutory limit on the public debt is to be changed and direct the committees having jurisdiction to recommend such change; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">specify and direct any combination of the matters described in paragraphs (1), (2), and (3).</content> </paragraph> <continuation class="inline">Any such concurrent resolution may be reported, and the report <sidenote><p class="firstIndent1 fontsize8">Filing.</p></sidenote> accompanying it may be filed, in either House notwithstanding that that House is not in session on the day on which such concurrent resolution is reported.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Completion of Action on Concurrent Resolution</inline>.—</heading> <content class="inline">Not later than September 15 of each year, the Congress shall complete action on the concurrent resolution on the budget referred to in subsection (a).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Reconciliation Process</inline>.—</heading> <chapeau class="inline">If a concurrent resolution is agreed to in accordance with subsection (a) containing directions to one or more committees to determine and recommend changes in laws, bills, or resolutions, and—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">only one committee of the House or the Senate is directed to determine and recommend changes, that committee shall promptly make such determination and recommendations and report to its House a reconciliation bill or reconciliation resolution, or both, containing such recommendations; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">more than one committee of the House or the Senate is directed to determine and recommend changes, each such committee so directed shall promptly make such determination and recommendations, whether such changes are to be contained in a reconciliation bill or reconciliation resolution, and submit such recommendations to the Committee on the Budget of its House, which upon receiving all such recommendations, shall report to its House a reconciliation bill or reconciliation resolution, or both, carrying out all such recommendations without any substantive revision.</content> </paragraph> <page identifier="/us/stat/88/316">88 <inline class="smallCaps">Stat</inline>. 316</page> <continuation class="inline">For purposes of this subsection, a reconciliation resolution is a concurrent <sidenote><p class="firstIndent1 fontsize8">Reconciliation resolution.</p></sidenote> resolution directing the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be, to make specified changes in bills and resolutions which have not been enrolled.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Completion of Reconciliation Process</inline>.—</heading> <content class="inline">Congress shall complete action on any reconciliation bill or reconciliation resolution reported under subsection (c) not later than September 25 of each year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Procedure in the Senate</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Except as provided in paragraph (2), the provisions of section 305 for the consideration in the Senate of concurrent resolutions on the budget and conference reports thereon shall also apply to the consideration in the Senate of reconciliation bills and reconciliation resolutions reported under subsection (c) and conference reports thereon.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the Senate on any reconciliation bill or resolution <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> reported under subsection (c), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Congress May Not Adjourn Until Action Is Completed</inline>.—</heading> <content class="inline">It shall not be in order in either the House of Representatives or the Senate to consider any resolution providing for the adjournment sine die of either House unless action has been completed on the concurrent resolution on the budget required to be reported under subsection (a) for the fiscal year beginning on October 1 of such year, and, if a reconciliation bill or resolution, or both, is required to be reported under subsection (c) for such fiscal year, unless the Congress has completed action on that bill or resolution, or both.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">new budget authority, new spending authority and revenue legislation must be within appropriate levels</heading> <section class="firstIndent1 fontsize10"> <num value="311"><inline class="smallCaps">Sec</inline>. 311. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Legislation Subject to Point of Order</inline>.—</heading> <chapeau class="inline">After the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1332">31 USC 1332</ref>.</p></sidenote> Congress has completed action on the concurrent resolution on the budget required to be reported under section 310(a) for a fiscal year, and, if a reconciliation bill or resolution, or both, for such fiscal year are required to be reported under section 310(c), after that bill has been enacted into law or that resolution has been agreed to, it shall not be in order in either the House of Representatives or the Senate to consider any bill, resolution, or amendment providing additional new budget authority for such fiscal year, providing new spending authority described in section 401(c) (2) (C) to become effective during such fiscal year, or reducing revenues for such fiscal year, or any conference report on any such bill or resolution, if—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the enactment of such bill or resolution as reported;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the adoption and enactment of such amendment; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the enactment of such bill or resolution in the form recommended in such conference report;</content> </paragraph> <continuation class="inline">would cause the appropriate level of total new budget authority or total budget outlays set forth in the most recently agreed to concurrent resolution on the budget for such fiscal year to be exceeded, or would cause revenues to be less than the appropriate level of revenues set forth in such concurrent resolution.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Determination of Outlays and Revenues</inline>.—</heading> <content class="inline">For purposes of subsection (a) , the budget outlays to be made during a fiscal year and revenues to be received during a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the House of Representatives or the Senate, as the case may be.</content> </subsection> </section> </section> 88 Stat. 317 <num value="IV">TITLE IV—</num> <heading class="inline">ADDITIONAL PROVISIONS TO IMPROVE FISCAL PROCEDURES</heading> <section> <heading class="smallCaps centered">bills providing new spending authority</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Legislation Providing Contract or Borrowing Authority</inline>.—</heading> <content class="inline">It shall not be in order in either the House of Representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1351">31 USC 1351</ref>.</p></sidenote> or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c) (2) (A) or (B) (or any amendment which provides such new spending authority), unless that bill, resolution, or amendment also provides that such new spending authority is to be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Legislation Providing Entitlement Authority</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">It shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which provides new spending authority described in subsection (c)(2)(C) (or any amendment which provides such new spending authority) which is to become effective before the first day of the fiscal year which begins during the calendar year in which such bill or resolution is reported.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If any committee of the House of Representatives or the Senate reports any bill or resolution which provides new spending authority described in subsection (c) (2) (C) which is to become effective during a fiscal year and the amount of new budget authority which will be required for such fiscal year if such bill or resolution is enacted as so reported exceeds the appropriate allocation of new budget authority reported under section 302(b) in connection with the most recently agreed to concurrent resolution on the budget for such fiscal year, such bill or resolution shall then be <sidenote><p class="firstIndent1 fontsize8">Referral to Appropriations Committee.</p></sidenote> referred to the Committee on Appropriations of that House with instructions to report it, with the committee’s recommendations, within 15 calendar days (not counting any day on which that House is not in session) beginning with the day following the day on which it is so referred. If the Committee on Appropriations of <sidenote><p class="firstIndent1 fontsize8">Discharge from consideration.</p></sidenote> either House fails to report a bill or resolution referred to it under this paragraph within such 15-day period, the committee shall automatically be discharged from further consideration of such bill or resolution and such bill or resolution shall be placed on the <sidenote><p class="firstIndent1 fontsize8">Placement on calendar.</p></sidenote> appropriate calendar.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Committee on Appropriations of each House shall have <sidenote><p class="firstIndent1 fontsize8">Committee jurisdiction.</p></sidenote> jurisdiction to report any bill or resolution referred to it under paragraph (2) with an amendment which limits the total amount of new spending authority provided in such bill or resolution.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Definitions</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">For purposes of this section, the term “new spending authority” means spending authority not provided by law on the effective date of this section, including any increase in or addition to spending authority provided by law on such date.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">For purposes of paragraph (1), the term “spending authority” means authority (whether temporary or permanent) —</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">to enter into contracts under which the United States is obligated to make outlays, the budget authority for which is not provided in advance by appropriation Acts;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">to incur indebtedness (other than indebtedness incurred under the Second Liberty Bond Act) for the repayment <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774</ref>.</p></sidenote> of which the United States is liable, the budget authority for which is not provided in advance by appropriation Acts; and</content> </subparagraph> <page identifier="/us/stat/88/318">88 <inline class="smallCaps">Stat</inline>. 318</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">to make payments (including loans and grants), the budget authority for which is not provided for in advance by appropriation Acts, to any person or government if, under the provisions of the law containing such authority, the United States is obligated to make such payments to persons or governments who meet the requirements established by such law.</content> </subparagraph> <continuation class="inline">Such term does not include authority to insure or guarantee the repayment of indebtedness incurred by another person or government,</continuation> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">Subsections (a) and (b) shall not apply to new spending authority if the budget authority for outlays which will result from such new spending authority is derived—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">from a trust fund established by the Social Security Act (as in effect on the date of the enactment of this Act);<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">from any other trust fund, 90 percent or more of the receipts of which consist or will consist of amounts (transferred from the general fund of the Treasury) equivalent to amounts of taxes (related to the purposes for which such outlays are or will be made) received in the Treasury under specified provisions of the Internal Revenue Code of 1954.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1 <i>et seq.</i></ref></p></sidenote></content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Subsections (a) and (b) shall not apply to new spending authority which is an amendment to or extension of the State and Local Fiscal Assistance Act of 1972, or a continuation of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1221">31 USC 1221 note</ref>.</p></sidenote> the program of fiscal assistance to State and local governments provided by that Act, to the extent so provided in the bill or resolution providing such authority.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Subsections (a) and (b) shall not apply to new spending authority to the extent that—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">the outlays resulting therefrom are made by an organization which is (i) a mixed-ownership Government corporation (as defined in section 201 of the Government Corporation Control Act) , or (ii) a wholly owned Government <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s856">31 USC 856</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s846">31 USC 846</ref>.</p></sidenote> corporation (as defined in section 101 of such Act) which is specifically exempted by law from compliance with any or all of the provisions of that Act; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">the outlays resulting therefrom consist exclusively of the proceeds of gifts or bequests made to the United States for a specific purpose.</content> </subparagraph> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">reporting of authorizing legislation</heading> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Required Reporting Date</inline>.—</heading> <content class="inline">Except as otherwise provided <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1352">31 USC 1352</ref>.</p></sidenote> in this section, it shall not be in order in either the House of Representatives or the Senate to consider any bill or resolution which, directly or indirectly, authorizes the enactment of new budget authority for a fiscal year, unless that bill or resolution is reported in the House or the Senate, as the case may be, on or before May 15 preceding the beginning of such fiscal year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Emergency Waiver in the House</inline>.—</heading> <content class="inline">If the Committee on Rules of the House of Representatives determines that emergency conditions require a waiver of subsection (a) with respect to any bill or resolution, such committee may report, and the House may consider and adopt, a resolution waiving the application of subsection (a) in the case of such bill or resolution.</content> </subsection> <page identifier="/us/stat/88/319">88 <inline class="smallCaps">Stat</inline>. 319</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline">Waiver in the Senate.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The committee of the Senate which reports any bill or resolution may, at or after the time it reports such bill or resolution, report a resolution to the Senate (A) providing for the waiver of subsection (a) with respect to such bill or resolution, and (B) stating the reasons why the waiver is necessary. The <sidenote><p class="firstIndent1 fontsize8">Referral to Budget Committee.</p></sidenote> resolution shall then be referred to the Committee on the Budget of the Senate. That committee shall report the resolution to the Senate, within 10 days after the resolution is referred to it (not <sidenote><p class="firstIndent1 fontsize8">Report to Senate.</p></sidenote> counting any day on which the Senate is not in session) beginning with the day following the day on which it is so referred accompanied by that committee’s recommendations and reasons for such recommendations with respect to the resolution. If the committee <sidenote><p class="firstIndent1 fontsize8">Discharge from consideration.</p></sidenote> does not report the resolution within such 10-day period, it shall automatically be discharged from further consideration of the resolution and the resolution shall be placed on the calendar.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">During the consideration of any such resolution, debate shall be limited to one hour, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees, and the time on any debatable motion or appeal shall be limited to 20 minutes, to be equally divided between,<sidenote><p class="firstIndent1 fontsize8">Placement on calendar.</p><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> and controlled by, the mover and the manager of the resolution. In the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from the time under their control on the passage of such resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. No amendment to the resolution is in order.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If, after the Committee on the Budget has reported (or been discharged from further consideration of) the resolution, the Senate agrees to the resolution, then subsection (a) of this section shall not apply with respect to that bill or resolution referred to in the resolution.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Certain Bills and Resolutions Received From Other House</inline>.—</heading> <content class="inline">Notwithstanding the provisions of subsection (a), if under that subsection it is in order in the House of Representatives to consider a bill or resolution of the House, then it shall be in order to consider a companion or similar bill or resolution of the Senate; and if under that subsection it is in order in the ’Senate to consider a bill or resolution of the Senate, then it shall be in order to consider a companion or similar bill of the House of Representatives.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Exceptions</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Subsection (a) shall not apply with respect to new spending authority described in section 401(c) (2)(C).</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Subsection (a) shall not apply with respect to new budget authority authorized in a bill or resolution for any provision of the Social Security Act if such bill or resolution also provides new spending authority described in section 401(c)(2)(C) which, under section 401(d) (1) (A) , is excluded from the application of section 401(b).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <heading class="inline"><inline class="smallCaps">Study of Existing Spending Authority and Permanent Appropriations</inline>.—</heading> <content class="inline">The Committees on Appropriations of the House of Representatives and the Senate shall study on a continuing basis those provisions of law, in effect on the effective date of this section, which provide spending authority or permanent budget authority. Each <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> committee shall, from time to time, report to its House its recommendations for terminating or modifying such provisions.</content> </subsection> </section> </section> <page identifier="/us/stat/88/320">88 <inline class="smallCaps">Stat</inline>. 320</page> <section> <heading class="smallCaps centered">analysis by congressional budget office</heading> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <chapeau class="inline">The Director of the Congressional Budget Office shall, to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1353">31 USC 1353</ref>.</p></sidenote> the extent practicable, prepare for each bill or resolution of a public character reported by any committee of the House of Representatives or the Senate (except the Committee on Appropriations of each House), and submit to such committee—<sidenote><p class="firstIndent1 fontsize8">Submittal to congressional committees.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an estimate of the costs which would be incurred in carrying out such bill or resolution in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for each such estimate; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a comparison of the estimate of costs described in paragraph (1) with any available estimate of costs made by such committee or by any Federal agency.</content> </paragraph> <continuation class="inline">The estimate and comparison so submitted shall be included in the report accompanying such bill or resolution if timely submitted to such committee before such report is filed.</continuation> </section> </section> <section> <heading class="smallCaps centered">jurisdiction of appropriations committees</heading> <section class="firstIndent1 fontsize10"> <num value="404"><inline class="smallCaps">Sec</inline>. 404. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Amendment of House Rules</inline>.—</heading> <content class="inline">Clause 2 of rule XI of the Rules of the House of Representatives is amended by redesignating paragraph (b) as paragraph (e) and by inserting after paragraph (a) the following new paragraphs: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Rescission of appropriations contained in appropriation Acts preferred to in section 105 of title 1, United States Code).<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 322.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The amount of new spending authority described in section 401(c)(2) (A) and (B) of the Congressional Budget Act of 1974 which is to be effective for a fiscal year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">New spending authority described in section 401(c)(2)(C) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401(b) (3) of that Act).”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Amendment of Senate Rules</inline>.—</heading> <content class="inline">Subparagraph (c) of paragraph 1 of rule XXV of the Standing Rules of the Senate is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">Committee on Appropriations, to which committee shall be referred all proposed legislation, messages, petitions, memorials, and other matters relating to the following subjects:</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“1. </num> <content class="inline">Except as provided in subparagraph (r), appropriation of the revenue for the support of the Government.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“2. </num> <content class="inline">Rescission of appropriations contained in appropriation Acts (referred to in section 105 of title 1, United States Code).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“3. </num> <content class="inline">The amount of new spending authority described in section 401 (c) (2) (A) and (B) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401 (b)(3) of that Act) .</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“4. </num> <content class="inline">New advance spending authority described in section 401(c) (2) (C) of the Congressional Budget Act of 1974 provided in bills and resolutions referred to the committee under section 401(b) (2) of that Act (but subject to the provisions of section 401(b) (3) of that Act).”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> </section> 88 Stat. 321 <num value="V">TITLE V—</num> <heading class="inline">CHANGE OF FISCAL YEAR</heading> <section> <heading class="smallCaps centered">fiscal year to begin october 1</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <content class="inline">Section 237 of the Revised Statutes (31 U.S.C. 1020) is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="237">“<inline class="smallCaps">Sec</inline>. 237. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The fiscal year of the Treasury of the United States, in all matters of accounts, receipts, expenditures, estimates, and appropriations—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">shall, through June 30, 1976, commence on July 1 of each year and end on June 30 of the following year; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">shall, beginning on October 1, 1976, commence on October 1 of each year and end on September 30 of the following year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">All accounts of receipts and expenditures required by law to <sidenote><p class="firstIndent1 fontsize8">Accounts, annual publication.</p></sidenote> be published annually shall be prepared and published for each fiscal year as established by subsection (a).”</content> </subsection> </section> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">transition to new fiscal year</heading> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">As soon as practicable, the President shall prepare <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1020">31 USC 1020 note</ref>.</p><p class="firstIndent1 fontsize8">Budget estimates and proposed legislation, submittal to Congress.</p></sidenote> and submit to the Congress—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">after consultation with the Committees on Appropriations of the House of Representatives and the Senate, budget estimates for the United States Government for the period commencing July 1, 1976, and ending on September 30, 1976, in such form and detail as he may determine; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">proposed legislation he considers appropriate with respect to changes in law necessary to provide authorizations of appropriations for that period.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Director of the Office of Management and Budget shall provide by regulation, order, or otherwise for the orderly transition by all departments, agencies, and instrumentalities of the United States Government and the government of the District of Columbia from the use of the fiscal year in effect on the date of enactment of this Act to the use of the new fiscal year prescribed by section 237 (a) (2) of the Revised Statutes. The Director shall prepare and submit <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> to the Congress such additional proposed legislation as he considers necessary to accomplish this objective.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Director of the Office of Management and Budget and <sidenote><p class="firstIndent1 fontsize8">Study.</p></sidenote> the Director of the Congressional Budget Office jointly shall conduct a study of the feasibility and advisability of submitting the Budget or portions thereof, and enacting new budget authority or portions thereof, for a fiscal year during the regular session of the Congress which begins in the year preceding the year in which such fiscal year begins. The Director of the Office of Management and Budget and <sidenote><p class="firstIndent1 fontsize8">Reports, submittal to Congress.</p></sidenote> the Director of the Congressional Budget Office each shall submit a report of the results of the study conducted by them, together with his own conclusions and recommendations, to the Congress not later than 2 years after the effective date of this subsection.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">accounting procedures</heading> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (a) (1) of the first section of the Act entitled "An Act to simplify accounting, facilitate the payment of obligations, and for other purposes", approved July 25, 1956, as amended (31 U.S.C. 701), is amended to read as follows: <page identifier="/us/stat/88/322">88 <inline class="smallCaps">Stat</inline>. 322</page> <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">The obligated balance shall be transferred, at the time specified in subsection (b) (1) of this section, to an appropriation account of the agency or subdivision thereof responsible for the liquidation of the obligation, in which account shall be merged the amounts so transferred from all appropriation accounts for the same general purposes; and”,</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Subsection (b) of such section is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8">Transfers.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s701">31 USC 701</ref>.</p></sidenote> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Any obligated balance referred to in subsection (a) (1) of this section shall be transferred as follows:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">for any fiscal year or years ending on or before June 30, 1976, on that June 30 which falls in the first month of June which occurs twenty-four months after the end of such fiscal year or years; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976, on September 30 of the second fiscal year following that period or the fiscal year or years, as the case may be, for which the appropriation is available for obligation.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The withdrawals required by subsection (a) (2) of this section<sidenote><p class="firstIndent1 fontsize8">Withdrawals.</p></sidenote> shall be made—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">for any fiscal year ending on or before June 30, 1976, not later than September 30 of the fiscal year immediately following the fiscal year in which the period of availability for obligation expires; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">for the period commencing on July 1, 1976, and ending on September 30, 1976, and for any fiscal year commencing on or after October 1, 1976, not later than November 15 following such period or fiscal year, as the case may be, in which the period of availability for obligation expires.”</content> </subparagraph> </paragraph> </subsection> </quotedContent> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">conversion of authorizations of appropriations</heading> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <content class="inline">Any law providing for an authorization of appropriations<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1020a">31 USC 1020a</ref>.</p></sidenote> commencing on July 1 of a year shall, if that year is any year after 1975, be considered as meaning October 1 of that year. Any law providing for an authorization of appropriations ending on June 30 of a year shall, if that year is any year after 1976, be considered as meaning September ’30 of that year. Any law providing for an authorization of appropriations for the fiscal year 1977 or any fiscal year thereafter shall be construed as referring to that fiscal year ending on September 30 of the calendar year having the same calendar year number as the fiscal year number.</content> </section> </section> <section> <heading class="smallCaps centered">repeals</heading> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <chapeau class="inline">The following provisions of law are repealed:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the ninth paragraph under the headings “Legislative Establishment”, “Senate”, of the Deficiency Appropriation Act, fiscal year 1934 (48 Stat. 1022; 2 U.S.C. 66) ; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the proviso to the second paragraph under the headings “House of Representatives”, “Salaries, Mileage, and Expenses of Members”, of the Legislative-Judiciary Appropriation Act, 1955 (68 Stat. 400; 2 U.S.C. 81).</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">technical amendment</heading> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 105 of title 1, United States Code, is amended by striking out “June 30” and inserting in lieu thereof “September 30”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The provisions of subsection (a) of this section shall be effective <sidenote><p class="firstIndent1 fontsize8">Effective dates.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t1/s105">1 USC 105 note</ref>.</p></sidenote> with respect to Acts making appropriations for the support of the Government for any fiscal year commencing on or after October 1, 1976.</content> </subsection> </section> </section> 88 Stat. 323 <num value="VI">TITLE VI—</num> <heading class="inline">AMENDMENTS TO BUDGET AND ACCOUNTING ACT, 1921</heading> <section> <heading class="smallCaps centered">matters to be included in president’s budget</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <content class="inline">Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by adding at the end thereof the following new subsections: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year shall set forth separately the items enumerated in section 301(a) (1)–(5) of the Congressional Budget Act of 1974. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 306.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year shall set forth the levels of tax expenditures under existing law for such fiscal year (the tax expenditure budget), taking into account projected economic factors, and any changes in such existing levels based on proposals contained in such Budget, For purposes of this subsection, the terms ‘tax expenditures’ and ‘tax expenditures budget’ have the meanings given to them by section 3(a)(3) of the Congressional Budget Act of 1974. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 299.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <chapeau class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year shall contain—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">a comparison, for the last completed fiscal year, of the total amount of outlays estimated in the Budget transmitted pursuant to subsection (a) for each major program involving uncontrollable or relatively uncontrollable outlays and the total amount of outlays made under each such major program during such fiscal year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">a comparison, for the last completed fiscal year, of the total amount of revenues estimated in the Budget transmitted pursuant to subsection (a) and the total amount of revenues received during such year, and, with respect to each major revenue source, the amount of revenues estimated in the Budget transmitted pursuant to subsection (a) and the amount of revenues received during such year; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">an analysis and explanation of the difference between each amount set forth pursuant to paragraphs (1) and (2) as the amount of outlays or revenues estimated in the Budget submitted under subsection (a) for such fiscal year and the corresponding amount set forth as the amount of outlays made or revenues received during such fiscal year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">The President shall transmit to the Congress, on or before <sidenote><p class="firstIndent1 fontsize8">Presidential statement, transmittal to Congress.</p></sidenote> April 10 and July 15 of each year, a statement of all amendments to revisions in the budget authority requested, the estimated outlays, the estimated receipts for the ensuing fiscal year set forth in the Budget transmitted pursuant to subsection (a) (including any previous amendments or revisions proposed on behalf of the executive branch) that he deems necessary and appropriate based on the most current information available. Such statement shall contain the effect of such amendments and revisions on the summary data submitted under subsection (a) and shall include such supporting detail as is practicable. The statement transmitted on or before July 15 of any year may be included in the supplemental summary required to be transmitted under subsection (b) during such year. The Budget transmitted to the Congress pursuant to subsection (a) for any fiscal year, or the supporting detail transmitted in connection therewith, shall include a statement of all such amendments and revisions with respect to the fiscal year in progress made before the date of transmission of such Budget.</content> </subsection> <page identifier="/us/stat/88/324">88 <inline class="smallCaps">Stat</inline>. 324</page> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year shall include information with respect to estimates of appropriations for the next succeeding fiscal year for grants, contracts, or other payments under any program for which there is an authorization of appropriations for such succeeding fiscal year and such appropriations are authorized to be included in an appropriation Act for the fiscal year preceding the fiscal year in which the appropriation is to be available for obligation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <chapeau class="inline">The Budget transmitted pursuant to subsection (a) for each fiscal year, beginning with the fiscal year ending September 30, 1979, shall contain a presentation of budget authority, proposed budget authority, outlays, proposed outlays, and descriptive information in terms of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">a detailed structure of national needs which shall be used to reference all agency missions and programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">agency missions; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">basic programs.</content> </paragraph> </subsection> </quotedContent> <p class="inline">To the extent practicable, each agency shall furnish information in support of its budget requests in accordance with its assigned missions in terms of Federal functions and subfunctions, including mission responsibilities of component organizations, and shall relate its programs to agency missions.”</p> </content> </section> </section> <section> <heading class="smallCaps centered">midyear review</heading> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <content class="inline">Section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended by striking out “<quotedText>on or before June 1 of each year, beginning with 1972</quotedText>” and inserting in lieu thereof “<quotedText>on or before July 15 of each year</quotedText>”.</content> </section> </section> <section> <heading class="smallCaps centered">five-year budget projections</heading> <section class="firstIndent1 fontsize10"> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num> <chapeau class="inline">Section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting after “<quotedText>ensuing fiscal year</quotedText>” in paragraph (5) “and projections for the four fiscal years immediately following the ensuing fiscal year”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>such year</quotedText>” in paragraph (5) and inserting in lieu thereof “<quotedText>such years</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by inserting after “<quotedText>ensuing fiscal year</quotedText>” in paragraph (6) “and projections for the four fiscal years immediately following the ensuing fiscal year”.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">allowances for supplemental budget authority and uncontrollable outlays</heading> <section class="firstIndent1 fontsize10"> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <chapeau class="inline">Section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11), is further amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>and</quotedText>” at the end of paragraph (11);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out the period at the end of paragraph (12) and inserting in lieu thereof “<quotedText> ; and</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">an allowance for additional estimated expenditures and proposed appropriations for the ensuing fiscal year, and an allowance for unanticipated uncontrollable expenditures for the ensuing fiscal year.”</content> </paragraph> </quotedContent> </content> </paragraph> </section> </section> <page identifier="/us/stat/88/325">88 <inline class="smallCaps">Stat</inline>. 325</page> <section> <heading class="smallCaps centered">budget data based on continuation of existing level of services</heading> <section class="firstIndent1 fontsize10"> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">On or before November 10 of each year (beginning <sidenote><p class="firstIndent1 fontsize8">Estimated outlays and proposed budget authority; submittal to Congress by President.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s11a">31 USC 11a</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 324.</p></sidenote> with 1975), the President shall submit to the Senate and the House of Representatives the estimated outlays and proposed budget authority which would be included in the Budget to be submitted pursuant to section 201 of the Budget and Accounting Act, 1921, for the ensuing fiscal year if all programs and activities were carried on during such ensuing fiscal year at the same level as the fiscal year in progress and without policy changes in such programs and activities. The estimated outlays and proposed budget authority submitted pursuant to this section shall be shown by function and sub functions (in accordance with the classifications in the budget summary table entitled “Budget Authority and Outlays by Function and Agency”), by major programs within each such function, and by agency. Accompanying these estimates shall be the economic and programmatic assumptions underlying the estimated outlays and proposed budget authority, such as the rate of inflation, the rate of real economic growth, the unemployment rate, program caseloads, and pay increases.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Joint Economic Committee shall review the estimated outlays <sidenote><p class="firstIndent1 fontsize8">Evaluation, submittal to Budget Committees.</p></sidenote> and proposed budget authority so submitted, and shall submit to the Committees on the Budget of both Houses an economic evaluation thereof on or before December 31 of each year.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">study of off-budget agencies</heading> <section class="firstIndent1 fontsize10"> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <content class="inline">The Committees on the Budget of the House of Representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s11b">31 USC 11b</ref>.</p></sidenote> and the Senate shall study on a continuing basis those provisions of law which exempt agencies of the Federal Government, or any of their activities or outlays, from inclusion in the Budget of the United States Government transmitted by the President under section 201 of the Budget and Accounting Act, 1921. Each committee shall, <sidenote><p class="firstIndent1 fontsize8">Periodic reports to Congress.</p></sidenote> from time to time, report to its House its recommendations for terminating or modifying such provisions.</content> </section> </section> <section> <heading class="smallCaps centered">year-ahead requests for authorization of new budget authority</heading> <section class="firstIndent1 fontsize10"> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num> <content class="inline">Notwithstanding any other provision of law, any request <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s11c">31 USC 11c</ref>.</p></sidenote> for the enactment of legislation authorizing the enactment of new budget authority to continue a program or activity for a fiscal year (beginning with the fiscal year commencing October 1, 1976) shall be submitted to the Congress not later than May 15 of the year preceding the year in which such fiscal year begins. In the case of a request for the enactment of legislation authorizing the enactment of new budget authority for a new program or activity which is to continue for more than one fiscal year, such request shall be submitted for at least the first 2 fiscal years.</content> </section> </section> <num value="VII">TITLE VII—</num> <heading class="inline">PROGRAM REVIEW AND EVALUATION</heading> <section> <heading class="smallCaps centered">review and evaluation by standing committees</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <content class="inline">Section 136(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190d) is amended by adding at the end thereof the following new sentences: “<quotedText>Such committees may carry out the required analysis, appraisal, and evaluation themselves, or by contract, or may require a Government agency to do so and furnish a report thereon to <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> the Congress. Such committees may rely on such techniques as pilot testing, analysis of costs in comparison with benefits, or provision for evaluation after a defined period of time.</quotedText>”</content> </section> </section> <page identifier="/us/stat/88/326">88 <inline class="smallCaps">Stat</inline>. 326</page> <section> <heading class="smallCaps centered">review and evaluation by the comptroller general</heading> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 204 of the Legislative Reorganization Act of 1970 (31 U.S.C. 1154) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“review and evaluation</heading> <section class="firstIndent1 fontsize10"> <num value="204">“<inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Comptroller General shall review and evaluate the results of Government programs and activities carried on under existing law when ordered by either House of Congress, or upon his own initiative, or when requested by any committee of the House of Representatives or the Senate, or any joint committee of the two Houses, having jurisdiction over such programs and activities.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">The Comptroller General, upon request of any committee of either House or any joint committee of the two Houses, shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">assist such committee or joint committee in developing a statement of legislative objectives and goals and methods for assessing and reporting actual program performance in relation to such legislative objectives and goals. Such statements shall include, but are not limited to, recommendations as to methods of assessment, information to be reported, responsibility for reporting, frequency of reports, and feasibility of pilot testing; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">assist such committee or joint committee in analyzing and assessing program reviews or evaluation studies prepared by and for any Federal agency.</content> </paragraph> <continuation class="inline">Upon request of any Member of either House, the Comptroller General <sidenote><p class="firstIndent1 fontsize8">Copies.</p></sidenote> shall furnish to such Member a copy of any statement or other material compiled in carrying out paragraphs (1) and (2) which has been released by the committee or joint committee for which it was compiled.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Comptroller General shall develop and recommend to the Congress methods for review and evaluation of Government programs and activities carried on under existing law.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">In carrying out his responsibilities under this section, the<sidenote><p class="firstIndent1 fontsize8">Office of Program Review and Evaluation.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> Comptroller General is authorized to establish an Office of Program Review and Evaluation within the General Accounting Office. The Comptroller General is authorized to employ not to exceed ten experts on a permanent, temporary, or intermittent basis and to obtain services as authorized by section 3109 of title 5, United States Code, but in either case at a rate (or the daily equivalent) for individuals not to exceed that prescribed, from time to time, for level V of the Executive Schedule under section 5316 of title 5, United States Code.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Comptroller General shall include in his annual report to the Congress a review of his activities under this section, including his recommendations of methods for review and evaluation of Government programs and activities under subsection (c).”</content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Item 204 in the table of contents of such Act is amended to read as follows: <toc> <referenceItem role="section"><designator>“Sec. 204. </designator><label>Review and evaluation.”</label></referenceItem> </toc> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">continuing study of additional budget reform proposals</heading> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Committees on the Budget of the House of Representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1303">31 USC 1303</ref>.</p></sidenote> and the Senate shall study on a continuing basis proposals designed to improve and facilitate methods of congressional budget-making. The proposals to be studied shall include, but are not limited to, proposals for—</chapeau> <page identifier="/us/stat/88/327">88 <inline class="smallCaps">Stat</inline>. 327</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">improving the information base required for determining the effectiveness of new programs by such means as pilot testing, survey research, and other experimental and analytical techniques;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">improving analytical and systematic evaluation of the effectiveness of existing programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">establishing maximum and minimum time limitations for program authorization; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">developing techniques of human resource accounting and other means of providing noneconomic as well as economic evaluation measures.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Committee on the Budget of each House shall, from time <sidenote><p class="firstIndent1 fontsize8">Periodic reports to Congress.</p></sidenote> to time, report to its House the results of the study carried on by it under subsection (a) , together with its recommendations.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Nothing in this section shall preclude studies to improve the budgetary process by any other committee of the House of Representatives or the Senate or any joint committee of the Congress.</content> </subsection> </section> </section> <num value="VIII">TITLE VIII—</num> <heading class="inline">FISCAL AND BUDGETARY INFORMATION AND CONTROLS</heading> <section> <heading class="smallCaps centered">amendment to legislative reorganization act of 1970</heading> <section class="firstIndent1 fontsize10"> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">So much of title II of the Legislative Reorganization Act of 1970 (31 U.S.C. chapter 22) as precedes section 204 thereof is amended to read as follows: <quotedContent> <title> <num value="II">“TITLE II—</num> <heading class="inline">FISCAL AND BUDGETARY INFORMATION AND CONTROLS</heading> <part> <num value="1">“<inline class="smallCaps">Part 1</inline>—</num> <heading class="inline"><inline class="smallCaps">Fiscal, Budgetary, and Program-Related Data and Information</inline></heading> <section> <heading class="smallCaps centered">“federal fiscal, budgetary, and program-related data and information systems</heading> <section class="firstIndent1 fontsize10"> <num value="201">“<inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">The Secretary of the Treasury and the Director of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1151">31 USC 1151</ref>.</p></sidenote> Office of Management and Budget, in cooperation with the Comptroller General of the United States, shall develop, establish, and maintain, for use by all Federal agencies, standardized data processing and information systems for fiscal, budgetary, and program-related data and information. The development, establishment, and maintenance of such systems shall be carried out so as to meet the needs of the various branches of the Federal Government and, insofar as practicable, of governments at the State and local level.</content> </section> </section> <section> <heading class="smallCaps centered">“standardization of terminology, definitions, classifications, and codes for fiscal, budgetary, and program-related data and information</heading> <section class="firstIndent1 fontsize10"> <num value="202">“<inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Comptroller General of the United States, in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1152">31 USC 1152</ref>.</p></sidenote> cooperation with the Secretary of the Treasury, the Director of the Office of Management and Budget, and the Director of the Congressional Budget Office, shall develop, establish, maintain, and publish standard terminology, definitions, classifications, and codes for Federal fiscal, budgetary, and program-related data and information. The authority contained in this section shall include, but not be limited to, data and information pertaining to Federal fiscal policy, revenues,<page identifier="/us/stat/88/328">88 <inline class="smallCaps">Stat</inline>. 328</page> receipts, expenditures, functions, programs, projects, and activities. Such standard terms, definitions, classifications, and codes shall be used by all Federal agencies in supplying to the Congress fiscal, budgetary, and program-related data and information.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Comptroller General shall submit to the Congress, on or<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> before June 30, 1975, a report containing the initial standard terminology, definitions, classifications, and codes referred to in paragraph (1), and shall recommend any legislation necessary to implement them. After June 30, 1975, the Comptroller General shall submit to the Congress <sidenote><p class="firstIndent1 fontsize8">Additional reports to Congress; legislation recommendations.</p></sidenote> additional reports as he may think advisable, including any recommendations for any legislation he may deem necessary to further the development, establishment, and maintenance, modification, and executive implementation of such standard terminology, definitions, classifications, and codes.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">In carrying out this responsibility, the Comptroller General of the United States shall give particular consideration to the needs of the Committees on the Budget of the House and Senate, the Committees on Appropriations of the House and Senate, the Committee on Ways and Means of the House, the Committee on Finance of the Senate, and the Congressional Budget Office.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Comptroller General of the United States shall conduct a continuing program to identify and specify the needs of the committees and Members of the Congress for fiscal, budgetary, and program-related information to support the objectives of this part.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Comptroller General shall assist committees in developing their information needs, including such needs expressed in legislative requirements, and shall monitor the various recurring reporting requirements of the Congress and committees and make recommendations to the Congress and committees for changes and improvements in their reporting requirements to meet congressional information needs ascertained by the Comptroller General, to enhance their usefulness to the congressional users and to eliminate duplicative or unneeded reporting.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">On or before September 1, 1974, and each year thereafter, the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Comptroller General shall report to the Congress on needs identified and specified under subsection (c) ; the relationship of these needs to the existing reporting requirements; the extent to which the executive branch reporting presently meets the identified needs; the specification of changes to standard classifications needed to meet congressional needs; the activities, progress and results of his activities under subsection (d) ; and the progress that the executive branch has made during the past year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">On or before March 1, 1975, and each year thereafter, the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Director of the Office of Management and Budget and the Secretary of the Treasury shall report to the Congress on their plans for addressing the needs identified and specified under subsection (c), including plans for implementing changes to classifications and codes to meet the information needs of the Congress as well as the status of prior year system and classification implementations.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“availability to and use by the congress and state and local governments of federal fiscal, budgetary, and program-related data and information</heading> <section class="firstIndent1 fontsize10"> <num value="203">“<inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Upon request of any committee of either House, of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1153">31 USC 1153</ref>.</p></sidenote> any joint committee of the two Houses, of the Comptroller General, or of the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the heads of the various executive agencies shall—</chapeau> <page identifier="/us/stat/88/329">88 <inline class="smallCaps">Stat</inline>. 329</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">furnish to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office information as to the location and nature of available fiscal, budgetary, and program-related data and information;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to the extent practicable, prepare summary tables of such data and information and any related information deemed necessary by such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">furnish to such committee or joint committee, the Comptroller General, or the Director of the Congressional Budget Office any program evaluations conducted or commissioned by any executive agency.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">The Comptroller General, in cooperation with the Director of the Congressional Budget Office, the Secretary of the Treasury, and the Director of the Office of Management and Budget, shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">develop, establish, and maintain an up-to-date inventory and directory of sources and information systems containing fiscal, budgetary, and program-related data and information and a brief description of their content;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">provide, upon request, assistance to committees, joint committees, and Members of Congress in securing Federal fiscal, budgetary, and program-related data and information from the sources identified in such inventory and directory; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">furnish, upon request, assistance to committees and joint committees of Congress and, to the extent practicable, to Members of Congress in appraising and analyzing fiscal, budgetary, and program-related data and information secured from the sources identified in such inventory and directory,</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Comptroller General and the Director of the Congressional <sidenote><p class="firstIndent1 fontsize8">Central data files, development.</p></sidenote> Budget Office shall, to the extent they deem necessary, develop, establish, and maintain a central file or files of the data and information required to carry out the purposes of this title. Such a file or files shall be established to meet recurring requirements of the Congress for fiscal, budgetary, and program-related data and information and shall include, but not be limited to, data and information pertaining to budget requests, congressional authorizations to obligate and spend, apportionment and reserve actions, and obligations and expenditures. Such file or files and their indexes shall be maintained in such a manner as to facilitate their use by the committees of both Houses, joint committees, and other congressional agencies through modern data processing and communications techniques.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Director of the Office of Management and Budget, in <sidenote><p class="firstIndent1 fontsize8">Information to State and local governments.</p></sidenote> cooperation with the Director of the Congressional Budget Office, the Comptroller General, and appropriate representatives of State and local governments, shall provide, to the extent practicable, State and local governments such fiscal, budgetary, and program-related data and information as may be necessary for the accurate and timely determination by these governments of the impact of Federal assistance upon their budgets.”</content> </subsection> </section> </section> </part> (b) The table of contents of the Legislative Reorganization Act of 1970 is amended by striking out— “TITLE II— “Part 1— “Sec. 201. “Sec. 202. “Sec. 203.

and inserting in lieu thereof—

88 Stat. 330 “TITLE II— “Part 1— “Sec. 201. “Sec. 202. “Sec. 203.
changes in functional categories
Sec. 802. Any change in the functional categories set forth in the

31 USC 11d.

 Budget of the United States Government transmitted pursuant to section 201 of the Budget and Accounting Act, 1921, shall be made

Ante, p. 324.

 only in consultation with the Committees on Appropriations and the Budget of the House of Representatives and Senate.
<num value="IX">TITLE IX—</num> <heading class="inline">MISCELLANEOUS PROVISIONS; EFFECTIVE DATES</heading> <section> <heading class="smallCaps centered">amendments to rules of the house</heading> <section class="firstIndent1 fontsize10"> <num value="901"><inline class="smallCaps">Sec</inline>. 901. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Rule XI of the Rules of the House of Representatives (as amended by section 101(c) of this Act) is amended by inserting<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 299.</p></sidenote> immediately after clause 22 the following new clause: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="22A">“22A. </num> <content class="inline">The respective areas of legislative jurisdiction under this rule are modified by title I of the Congressional Budget Act of 1974.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Paragraph (c) of clause 29 of Rule XI of the Rules of the House of Representatives (as redesignated by section 101(c) of this Act) is amended by inserting “<quotedText>the Committee on the Budget,</quotedText>” immediately after “the Committee on Appropriations,”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Subparagraph (6) of paragraph (a) of clause 30 of Rule XI of the Rules of the House of Representatives (as so redesignated) is amended by inserting “<quotedText>and the Committee on the Budget</quotedText>” immediately before the period at the end thereof.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Subparagraph (4) of paragraph (b) of clause 30 of Rule XI of the Rules of the House of Representatives (as so redesignated) is amended by inserting “<quotedText>and the Committee on the Budget</quotedText>” immediately before the period at the end hereof.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Paragraph (d) of clause 30 of Rule XI of the Rules of the House of Representatives (as so redesignated) is amended by striking out “<quotedText>the Committee on Appropriations may appoint</quotedText>” and inserting in lieu thereof “<quotedText>the Committee on Appropriations and the Committee on the Budget may each appoint</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">Clause 32 of Rule XI of the Rules of the House of Representatives (as so redesignated) is amended by inserting “<quotedText>the Committee on the Budget,</quotedText>” immediately after “<quotedText>the Committee on Appropriations,</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">Paragraph (a) of clause 33 of Rule X I of the Rules of the House of Representatives (as so redesignated) is amended by inserting “<quotedText>and the Committee on the Budget</quotedText>” immediately after “<quotedText>the Committee on Appropriations</quotedText>”.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">conforming amendments to standing rules of the senate</heading> <section class="firstIndent1 fontsize10"> <num value="902"><inline class="smallCaps">Sec</inline>. 902. </num> <chapeau class="inline">Paragraph 1 of rule XXV of the Standing Rules of the Senate is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>Revenue</quotedText>” in subparagraph (h)1 and inserting in lieu thereof “<quotedText>Except as provided in the Congressional Budget Act of 1974, revenue</quotedText>”;</content> </paragraph> <page identifier="/us/stat/88/331">88 <inline class="smallCaps">Stat</inline>. 331</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>The</quotedText>” in subparagraph (h)2 and inserting in lieu thereof “<quotedText>Except as provided in the Congressional Budget Act of 1974, the</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out “<quotedText>Budget</quotedText>” in subparagraph (j) (1) (A) and inserting in lieu thereof “<quotedText>Except as provided in the Congressional Budget Act of 1974, budget</quotedText>”.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">amendments to legislative reorganization act of 1946</heading> <section class="firstIndent1 fontsize10"> <num value="903"><inline class="smallCaps">Sec</inline>. 903. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 134(c) of the Legislative Reorganization Act of 1946 (2 U.S.C. 190b (b)) is amended by inserting “<quotedText>or the Committee on the Budget</quotedText>” after “Appropriations”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 136(c) of such Act (2 U.S.C. 190d(c)) is amended by striking out “<quotedText>Committee on Appropriations of the Senate and the Committees on Appropriations,</quotedText>” and inserting in lieu thereof “Committees on Appropriations and the Budget of the Senate and the Committees on Appropriations, the Budget,”.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">exercise of rulemaking powers</heading> <section class="firstIndent1 fontsize10"> <num value="904"><inline class="smallCaps">Sec</inline>. 904. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The provisions of this title (except section 905) and of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1301">31 USC 1301 note</ref>.</p></sidenote> titles I, III, and IV and the provisions of sections 606, 701, 703, and 1017 are enacted by the Congress—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any provision of title III or IV may be waived or suspended <sidenote><p class="firstIndent1 fontsize8">Waiver.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 306, 317.</p></sidenote> in the Senate by a majority vote of the Members voting, a quorum being present, or by the unanimous consent of the Senate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Appeals in the Senate from the decisions of the Chair relating <sidenote><p class="firstIndent1 fontsize8">Appeals.</p></sidenote> to any provision of title III or IV or section 1017 shall, except as otherwise provided therein, be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, concurrent resolution, reconciliation bill, or rescission bill, as the case may be.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">effective dates</heading> <section class="firstIndent1 fontsize10"> <num value="905"><inline class="smallCaps">Sec</inline>. 905. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Except as provided in this section, the provisions of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1301">31 USC 1301 note</ref>.</p></sidenote> this Act shall take effect on the date of its enactment,</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Title II (except section 201 (a)), section 403, and section 502(c) shall take effect on the day on which the first Director of the Congressional Budget Office is appointed under section 201 (a).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Except as provided in section 906, title III and section 402 shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years, and section 401 shall take effect on the first day of the second regular session of the Ninety-fourth Congress.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The amendments to the Budget and Accounting Act, 1921, made by sections 601, 603, and 604 shall apply with respect to the fiscal year <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 323.</p></sidenote> beginning on July 1, 1975, and succeeding fiscal years, except that section 201(g) of such Act (as added by section 601) shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years and section 201 (i) of such Act (as added by section 601)<page identifier="/us/stat/88/332">88 <inline class="smallCaps">Stat</inline>. 332</page> shall apply with respect to the fiscal year beginning on October 1, 1978, and succeeding fiscal years. The amendment to such Act made by section 602 shall apply with respect to the fiscal year beginning on October 1, 1976, and succeeding fiscal years.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">application of congressional budget process to fiscal year 1976</heading> <section class="firstIndent1 fontsize10"> <num value="906"><inline class="smallCaps">Sec</inline>. 906. </num> <content class="inline">If the Committees on the Budget of the House of Representatives <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1322">31 USC 1322 note</ref>.</p></sidenote> and the Senate both agree that it is feasible to report and act on a concurrent resolution on the budget referred to in section 301 (a), or to apply any provision of title III or section 401 or 402, for the<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 306, 317.</p></sidenote> fiscal year beginning on July 1, 1975, and submit reports of such agreement to their respective Houses, then to the extent and in the manner specified in such reports, the provisions so specified and section 202(f)<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 304.</p></sidenote> shall apply with respect to such fiscal year. If any provision so specified contains a date, such reports shall also specify a substitute date.</content> </section> </section> <num value="X">TITLE X—</num> <heading class="inline">IMPOUNDMENT CONTROL</heading> <sidenote><p class="firstIndent1 fontsize8">Impoundment Control Act of 1974.</p></sidenote> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section> <heading class="smallCaps centered">disclaimer</heading> <section class="firstIndent1 fontsize10"> <num value="1001"><inline class="smallCaps">Sec</inline>. 1001. </num> <chapeau class="inline">Nothing contained in this Act, or in any amendments made<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1400">31 USC 1400</ref>.</p></sidenote> by this Act, shall be construed as—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">asserting or conceding the constitutional powers or limitations of either the Congress or the President;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">ratifying or approving any impoundment heretofore or hereafter executed or approved by the President or any other Federal officer or employee, except insofar as pursuant to statutory authorization then in effect;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">affecting in any way the claims or defenses of any party to litigation concerning any impoundment; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">superseding any provision of law which requires the obligation of budget authority or the making of outlays thereunder.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">amendment to antideficiency act</heading> <section class="firstIndent1 fontsize10"> <num value="1002"><inline class="smallCaps">Sec</inline>. 1002. </num> <content class="inline">Section 3679(c) (2) of the Revised Statutes, as amended<sidenote><p class="firstIndent1 fontsize8">Contingency or savings reserves, establishment.</p></sidenote> (31 U.S.C. 665), is amended to read as follows: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In apportioning any appropriation, reserves may be established solely to provide for contingencies, or to effect savings whenever savings are made possible by or through changes in requirements or greater efficiency of operations. Whenever it is determined by an officer designated in subsection (d) of this section to make apportionments and reapportionments that any amount so reserved will not be required to carry out the full objectives and scope of the appropriation concerned, he shall recommend the rescission of such amount in the manner provided in the Budget and Accounting Act, 1921, for estimates <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1</ref>.</p></sidenote> of appropriations. Except as specifically provided by particular appropriations Acts or other laws, no reserves shall be established other than as authorized by this subsection. Reserves established pursuant to this subsection shall be reported to the Congress in accordance with the Impoundment Control Act of 1974.”</content> </paragraph> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">repeal of existing impoundment reporting provision</heading> <section class="firstIndent1 fontsize10"> <num value="1003"><inline class="smallCaps">Sec</inline>. 1003. </num> <content class="inline">Section 203 of the Budget and Accounting Procedures Act of 1950 is repealed.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s581c–1">31 USC 581c–1</ref>.</p></sidenote></content> </section> </section> </part> <page identifier="/us/stat/88/333">88 <inline class="smallCaps">Stat</inline>. 333</page> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Congressional Consideration of Proposed Rescissions, Reservations, and Deferrals of Budget Authority</inline></heading> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="1011"><inline class="smallCaps">Sec</inline>. 1011. </num> <chapeau class="inline">For purposes of this part—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1401">31 USC 1401</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">“deferral of budget authority” includes—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">withholding or delaying the obligation or expenditure of budget authority (whether by establishing reserves or otherwise) provided for projects or activities; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">any other type of Executive action or inaction which effectively precludes the obligation or expenditure of budget authority, including authority to obligate by contract in advance of appropriations as specifically authorized by law;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“Comptroller General” means the Comptroller General of the United States;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">“rescission bill” means a bill or joint resolution which only rescinds, in whole or in part, budget authority proposed to be rescinded in a special message transmitted by the President under section 1012, and upon which the Congress completes action before the end of the first period of 45 calendar days of continuous session of the Congress after the date on which the President’s message is received by the Congress;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">“impoundment resolution” means a resolution of the House of Representatives or the Senate which only expresses its disapproval of a proposed deferral of budget authority set forth in a special message transmitted by the President under section 1013; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">continuity of a session of the Congress shall be considered <sidenote><p class="firstIndent1 fontsize8">Congressional session continuity.</p></sidenote> as broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain shall be excluded in the computation of the 45-day period referred to in paragraph (3) of this section and in section 1012, and the 25-day periods referred to in sections 1016 and 1017(b) (1). If a special message is transmitted under section 1012 during any Congress and the last session of such Congress adjourns sine die before the expiration of 45 calendar days of continuous session (or a special message is so transmitted after the last session of the Congress adjourns sine die), the message shall be deemed to have been retransmitted on the first day of the succeeding Congress and the 45-day period referred to in paragraph (3) of this section and in section 1012 (with respect to such message) shall commence on the day after such first day.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">rescission of budget authority</heading> <section class="firstIndent1 fontsize10"> <num value="1012"><inline class="smallCaps">Sec</inline>. 1012. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Transmittal of Special Message</inline>.—</heading> <chapeau class="inline">Whenever the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1402">31 USC 1402</ref>.</p></sidenote> President determines that all or part of any budget authority will not be required to carry out the full objectives or scope of programs for which it is provided or that such budget authority should be rescinded for fiscal policy or other reasons (including the termination of authorized projects or activities for which budget authority has been provided), or whenever all or part of budget authority provided for only one fiscal year is to be reserved from obligation for such fiscal year, the President shall transmit to both Houses of Congress a special message specifying—</chapeau> <page identifier="/us/stat/88/334">88 <inline class="smallCaps">Stat</inline>. 334</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amount of budget authority which he proposes to be rescinded or which is to be so reserved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific project or governmental functions involved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the reasons why the budget authority should be rescinded or is to be so reserved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed rescission or of the reservation; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">all facts, circumstances, and considerations relating to or bearing upon the proposed rescission or the reservation and the decision to effect the proposed rescission or the reservation, and to the maximum extent practicable, the estimated effect of the proposed rescission or the reservation upon the objects, purposes, and programs for which the budget authority is provided.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Requirement to Make Available for Obligation</inline>.—</heading> <content class="inline">Any amount of budget authority proposed to be rescinded or that is to be reserved as set forth in such special message shall be made available for obligation unless, within the prescribed 45-day period, the Congress has completed action on a rescission bill rescinding all or part of the amount proposed to be rescinded or that is to be reserved.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">disapproval of proposed deferrals of budget authority</heading> <section class="firstIndent1 fontsize10"> <num value="1013"><inline class="smallCaps">Sec</inline>. 1013. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Transmittal of Special Message</inline>.—</heading> <chapeau class="inline">Whenever the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1403">31 USC 1403</ref>.</p></sidenote> President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any officer or employee of the United States proposes to defer any budget authority provided for a specific purpose or project, the President shall transmit to the House of Representatives and the Senate a special message specifying—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amount of the budget authority proposed to be deferred;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any account, department, or establishment of the Government to which such budget authority is available for obligation, and the specific projects or governmental functions involved;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the period of time during which the budget authority is proposed to be deferred;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the reasons for the proposed deferral, including any legal authority invoked by him to justify the proposed deferral;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">to the maximum extent practicable, the estimated fiscal, economic, and budgetary effect of the proposed deferral; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">all facts, circumstances, and considerations relating to or bearing upon the proposed deferral and the decision to effect the proposed deferral, including an analysis of such facts, circumstances, and considerations in terms of their application to any legal authority and specific elements of legal authority invoked by him to justify such proposed deferral, and to the maximum extent practicable, the estimated effect of the proposed deferral upon the objects, purposes, and programs for which the budget authority is provided.</content> </paragraph> <continuation class="inline">A special message may include one or more proposed deferrals of budget authority. A deferral may not be proposed for any period of<sidenote><p class="firstIndent1 fontsize8">Time limitation.</p></sidenote> time extending beyond the end of the fiscal year in which the special message proposing the deferral is transmitted to the House and the Senate.</continuation> </subsection> <page identifier="/us/stat/88/335">88 <inline class="smallCaps">Stat</inline>. 335</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Requirement to Make Available for Obligation</inline>.—</heading> <content class="inline">Any amount of budget authority proposed to be deferred, as set forth in a special message transmitted under subsection (a) , shall be made available for obligation if either House of Congress passes an impoundment resolution disapproving such proposed deferral.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Exception</inline>.—</heading> <content class="inline">The provisions of this section do not apply to any budget authority proposed to be rescinded or that is to be reserved as set forth in a special message required to be transmitted under section 1012.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">transmission of messages; publication</heading> <section class="firstIndent1 fontsize10"> <num value="1014"><inline class="smallCaps">Sec</inline>. 1014. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Delivery to House and Senate</inline>.—</heading> <content class="inline">Each special message <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1404">31 USC 1404</ref>.</p></sidenote> transmitted under section 1012 or 1013 shall be transmitted to the House of Representatives and the Senate on the same day, and shall be delivered to the Clerk of the House of Representatives if the House is not in session, and to the Secretary of the Senate if the Senate is not in session. Each<sidenote><p class="firstIndent1 fontsize8">Printing as House or Senate document.</p><p class="firstIndent1 fontsize8">Copy.</p></sidenote> special message so transmitted shall be referred to the appropriate committee of the House of Representatives and the Senate. Each such message shall be printed as a document of each </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Delivery to Comptroller General</inline>.—</heading> <chapeau class="inline">A copy of each special message transmitted under section 1012 or 1013 shall be transmitted to the Comptroller General on the same day it is transmitted to the House of Representatives and the Senate. In order to assist the Congress in the exercise of its functions under sections 1012 and 1013, the Comptroller General shall review each such message and inform the House of Representatives and the Senate as promptly as practicable with respect <sidenote><p class="firstIndent1 fontsize8">Review.</p></sidenote> to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the case of a special message transmitted under section 1012, the facts surrounding the proposed rescission or the reservation of budget authority (including the probable effects thereof); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in the case of a special message transmitted under section 1013, (A) the facts surrounding each proposed deferral of budget authority (including the probable effects thereof) and (B) whether or not (or to what extent), in his judgment, such proposed deferral is in accordance with existing statutory authority.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Transmission of Supplementary Messages</inline>.—</heading> <content class="inline">If any information contained in a special message transmitted under section 1012 or 1013 is subsequently revised, the President shall transmit to both Houses of Congress and the Comptroller General a supplementary message stating and explaining such revision. Any such supplementary message shall be delivered, referred, and printed as provided in subsection (a) . The Comptroller General shall promptly notify the <sidenote><p class="firstIndent1 fontsize8">Notification of Congress.</p></sidenote> House of Representatives and the Senate of any changes in the information submitted by him under subsection (b) which may be necessitated by such revision.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline"><inline class="smallCaps">Printing in Federal Register</inline>.—</heading> <content class="inline">Any special message transmitted under section 1012 or 1013, and any supplementary message transmitted under subsection (c), shall be printed in the first issue of the Federal Register published after such transmittal.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <heading class="inline"><inline class="smallCaps">Cumulative Reports or Proposed Rescissions, Reservations, and Deferrals of Budget Authority</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">The President shall submit a report to the House of Representatives and the Senate, not later than the 10th day of each month during a fiscal year, listing all budget authority for that fiscal year with respect to which, as of the first day of such month—</chapeau> <page identifier="/us/stat/88/336">88 <inline class="smallCaps">Stat</inline>. 336</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">he has transmitted a special message under section 1012 with respect to a proposed rescission or a reservation; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">he has transmitted a special message under section 1013 proposing a deferral.</content> </subparagraph> <continuation class="inline">Such report shall also contain, with respect to each such proposed rescission or deferral, or each such reservation, the information required to be submitted in the special message with respect thereto under section 1012 or 1013.</continuation> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Each report submitted under paragraph (1) shall be<sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> printed in the first issue of the Federal Register published after its submission.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports by comptroller general</heading> <section class="firstIndent1 fontsize10"> <num value="1015"><inline class="smallCaps">Sec</inline>. 1015. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Failure to Transmit Special Message</inline>.—</heading> <chapeau class="inline">If the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1405">31 USC 1405</ref>.</p></sidenote> Comptroller General finds that the President, the Director of the Office of Management and Budget, the head of any department or agency of the United States, or any other officer or employee of the United States—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">is to establish a reserve or proposes to defer budget authority with respect to which the President is required to transmit a special message under section 1012 or 1013; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">has ordered, permitted, or approved the establishment of such a reserve or a deferral of budget authority;</content> </paragraph> <continuation class="inline">and that the President has failed to transmit a special message with respect to such reserve or deferral, the Comptroller General shall<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> make a report on such reserve or deferral and any available information concerning it to both Houses of Congress. The provisions of this part shall apply with respect to such reserve or deferral in the same manner and with the same effect as if such report of the Comptroller General were a special message transmitted by the President under section 1012 or 1013, and, for purposes of this part, such report shall be considered a special message transmitted under section 1012 or 1013.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Incorrect Classification or Special Message</inline>.—</heading> <content class="inline">If the President has transmitted a special message to both Houses of Congress in accordance with section 1012 or 1013, and the Comptroller General believes that the President so transmitted the special message in accordance with one of those sections when the special message should have been transmitted in accordance with the other of those sections, the Comptroller General shall make a report to both Houses of the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> Congress setting forth his reasons.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">suits by comptroller general</heading> <section class="firstIndent1 fontsize10"> <num value="1016"><inline class="smallCaps">Sec</inline>. 1016. </num> <content class="inline">If, under section 1012(b) or 1013(b), budget authority is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1406">31 USC 1406</ref>.</p></sidenote> required to be made available for obligation and such budget authority is not made available for obligation, the Comptroller General is hereby expressly empowered, through attorneys of his own selection, to bring a civil action in the United States District Court for the District of Columbia to require such budget authority to be made available for obligation, and such court is hereby expressly empowered to enter in such civil action, against any department, agency, officer, or employee of the United States, any decree, judgment, or order which may be necessary or appropriate to make such budget authority available for obligation. The courts shall give precedence to civil actions brought<sidenote><p class="firstIndent1 fontsize8">Precedence.</p></sidenote> under this section, and to appeals and writs from decisions in such<page identifier="/us/stat/88/337">88 <inline class="smallCaps">Stat</inline>. 337</page> actions, over all other civil actions, appeals, and writs. No civil action <sidenote><p class="firstIndent1 fontsize8">Civil actions; 25-day waiting period.</p></sidenote> shall be brought by the Comptroller General under this section until the expiration of 25 calendar days of continuous session of the Congress following the date on which an explanatory statement by the <sidenote><p class="firstIndent1 fontsize8">Statement, filing.</p></sidenote> Comptroller General of the circumstances giving rise to the action contemplated has been filed with the Speaker of the House of Representatives and the President of the Senate.</content> </section> </section> <section> <heading class="smallCaps centered">procedure in house and senate</heading> <section class="firstIndent1 fontsize10"> <num value="1017"><inline class="smallCaps">Sec</inline>. 1017. </num> <subsection class="inline"> <num value="a">(a) </num> <heading class="inline"><inline class="smallCaps">Referral</inline>.—</heading> <content class="inline">Any rescission bill introduced with <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s1407">31 USC 1407</ref>.</p></sidenote> respect to a special message or impoundment resolution introduced with respect to a proposed deferral of budget authority shall be referred to the appropriate committee of the House of Representatives or the Senate, as the case may be.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <heading class="inline"><inline class="smallCaps">Discharge of Committee</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">If the committee to which a rescission bill or impoundment resolution has been referred has not reported it at the end of 25 calendar days of continuous session of the Congress after its introduction, it is in order to move either to discharge the committee from further consideration of the bill or resolution or to discharge the committee from further consideration of any other rescission bill with respect to the same special message or impoundment resolution with respect to the same proposed deferral, as the case may be, which has been referred to the committee.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">A motion to discharge may be made only by an individual favoring the bill or resolution, may be made only if supported by one-fifth of the Members of the House involved (a quorum being present), and is highly privileged in the House and privileged in the Senate (except that it may not be made after the committee has reported a bill or resolution with respect to the same special message or the same proposed deferral, as the case may be) ; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the bill or resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <heading class="inline"><inline class="smallCaps">Floor Consideration in the House</inline>.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">When the committee of the House of Representatives has reported, or has been discharged from further consideration of, a rescission bill or impoundment resolution, it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the bill or resolution. The motion shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate on a rescission bill or impoundment resolution shall <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. In the case of an impoundment resolution, no amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a recission bill or impoundment resolution is agreed to or disagreed to.</content> </paragraph> <page identifier="/us/stat/88/338">88 <inline class="smallCaps">Stat</inline>. 338</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Motions to postpone, made with respect to the consideration <sidenote><p class="firstIndent1 fontsize8">Postponement motions.</p></sidenote> of a rescission bill or impoundment resolution, and motions to proceed to the consideration of other business, shall be decided without debate.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">All appeals from the decisions of the Chair relating to<sidenote><p class="firstIndent1 fontsize8">Appeals.</p></sidenote> the application of the Rules of the House of Representatives to the procedure relating to any rescission bill or impoundment resolution shall be decided without debate.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any rescission bill or impoundment resolution and amendments thereto (or any conference report thereon) shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions, amendments, and conference reports in similar circumstances.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <heading class="inline">Floor Consideration in the Senate.—</heading> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Debate in the Senate on any rescission bill or impoundment<sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> resolution, and all amendments thereto (in the case of a rescission bill) and debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Debate in the Senate on any amendment to a rescission bill shall be limited to 2 hours, to be equally divided between, and controlled by, the mover and the manager of the bill. Debate on any amendment to an amendment, to such a bill, and debate on any debatable motion or appeal in connection with such a bill or an impoundment resolution shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such amendment, motion, or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. No amendment that is not germane to the provisions of a rescission bill shall be received. Such leaders, or either of them, may, from the time under their control on the passage of a rescission bill or impoundment resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">A motion to further limit debate is not debatable. In the case of a rescission bill, a motion to recommit (except a motion to recommit with instructions to report back within a specified number of days, not to exceed 3, not counting any day on which the Senate is not in session) is not in order. Debate on any such motion to recommit shall be limited to one hour, to be equally divided between, and controlled by, the mover and the manager of the concurrent resolution. In the case of an impoundment resolution, no amendment or motion to recommit is in order.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The conference report on any rescission bill shall be in<sidenote><p class="firstIndent1 fontsize8">Conference reports.</p></sidenote> order in the Senate at any time after the third day (excluding Saturdays, Sundays, and legal holidays) following the day on which such a conference report is reported and is available to Members of the Senate. A motion to proceed to the consideration of the conference report may be made even though a previous motion to the same effect has been disagreed to.</content> </paragraph> <page identifier="/us/stat/88/339">88 <inline class="smallCaps">Stat</inline>. 339</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">During the consideration in the Senate of the conference <sidenote><p class="firstIndent1 fontsize8">Debate, time limitation.</p></sidenote> report on any rescission bill, debate shall be limited to 2 hours, to be equally divided between, and controlled by, the majority leader and minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Should the conference report be defeated, debate on any request for a new conference and the appointment of conferees shall be limited to one hour, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee, and should any motion be made to instruct the conferees before the conferees are named, debate on such motion shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. Debate on any amendment to any such instructions shall be limited to 20 minutes, to be equally divided between, and controlled by, the mover and the manager of the conference report. In all cases when the manager of the conference report is in favor of any motion, appeal, or amendment, the time in opposition shall be under the control of the minority leader or his designee.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment that is not germane to the provisions of such amendments shall be received.</content> </paragraph> </subsection> </section> </section> </part> Approved July 12, 1974.
Public Law 93–345: To amend the Act of October 15, 1966 (80 Stat. 953, 20 U.S.C. 65a), relating to the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the purposes of said Act. Public Law 345 88 Stat. 339 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–345
An Act To amend the Act of October 15, 1966 (80 Stat. 953, 20 U.S.C. 65a), relating to the National Museum of the Smithsonian Institution, so as to authorize additional appropriations to the Smithsonian Institution for carrying out the purposes of said Act.

July 12, 1974

[S. 2137]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 (a) (4)

Smithsonian institution.

Appropriation authorization.

 of the National Museum Act of 1966 (20 U.S.C. 65a) is amended by inserting immediately before the semicolon the following: “, with emphasis on museum conservation and the development of a national institute for museum conservation”.
Sec. 2. Section 2(b) of such Act is amended to read as follows: “(b) There are authorized to be appropriated to the Smithsonian Institution such sums as may be necessary to carry out the purposes of this Act: Provided, That no more than $1,000,000 shall be appropriated annually through fiscal year 1977, of which no less than $200,000 annually shall be allocated and used to carry out the purposes of section 2(a) (4) of this Act.”.
Approved July 12, 1974.
Public Law 93–346: Designating the premises occupied by the Chief of Naval Operations as the official residence of the Vice President, effective upon the termination of service of the incumbent Chief of Naval Operations. Public Law 346 88 Stat. 340 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 340 Public Law 93–346
Joint Resolution Designating the premises occupied by the Chief of Naval Operations as the official residence of the Vice President, effective upon the termination of service of the incumbent Chief of Naval Operations.

July 12, 1974

[S. J. Res. 202]

 Resolved by the Senate and House of Representatives of the United of the United States of America in Congress assembled,
That, effective upon termination

Vice President States.

Official temporary residence, designation.

3 USC 111 note.

 of service by the incumbent in the office of Chief of Naval Operations, Department of the Navy, the Government-owned house together with furnishings, associated grounds and related facilities which are and have been used as the residence of the Chief of Naval Operations, shall thenceforth be available for, and shall be designated as, the official temporary residence of the Vice President of the United States.
Sec. 2. As in the case of the White House, the official temporary

3 USC 111 note.

 residence of the Vice President shall be adequately staffed and provided with such appropriate equipment, furnishings, dining facilities, services, and other provisions as may be required, under the supervision and direction of the Vice President, to enable him to perform and discharge appropriately the duties, functions, and obligations associated with his high office.
Sec. 3. The Secretary of the Navy shall, subject to the supervision

Staffing and maintenance by Secretary of Navy.

3 USC 111 note.

 and control of the Vice President, provide for the staffing, care, maintenance, repair, improvement, alteration, and furnishing of the official residence and grounds of the Vice President.
Sec. 4. There is hereby authorized to be appropriated such sums as

Appropriation.

3 USC 111 note.

 may be necessary from time to time to carry out the foregoing purposes. During any interim period until and before such funds are so appropriated, the Department of the Navy shall make provision for staffing and other appropriate services in connection with the official temporary residence of the Vice President, subject to reimbursement therefor Out of any contingency funds available to the Executive.
Sec. 5. It is the sense of Congress that living accommodations,

Chief of Naval Operations, living accommodations.

3 USC 111 note.

 generally equivalent to those available to the highest ranking officer on active duty in each of the other military services, should be provided for the Chief of Naval Operations.
Approved July 12, 1974.
Public Law 93–347: To continue domestic food assistance programs, and for other purposes. Public Law 347 88 Stat. 340 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–347
An Act To continue domestic food assistance programs, and for other purposes.

July 12, 1974

[S. 3458]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4(a)

Food stamp and special milk programs.

 of the Agriculture and Consumer Protection Act of 1973, as amended (87 Stat. 221, as amended, 7 U.S.C. 612c note), is amended to read as follows:
“Sec. 4. (a) (1) Notwithstanding any other provision of law, the Secretary

Commodity distribution.

 of Agriculture shall until July 1, 1975, (i) use funds available under provisions of section 32 of Public Law 320, Seventy-fourth Congress, as amended (7 U.S.C. 612c), and not otherwise expended or necessary for such purposes to purchase, without regard to the provisions of existing law governing the expenditure of public funds, agricultural commodities and their products of the types customarily purchased under section 32 (which may include seafood commodities and their products) to maintain the traditional level of assistance for food assistance programs as are authorized by law, including but not lim-88 Stat. 341ited to distribution to needy families pending the transition to the food stamp program, institutions, supplemental feeding programs wherever located, disaster relief, summer camps for children, and the family commodity distribution program on Indian reservations not requesting a food stamp program, and (ii) if stocks of the Commodity Credit Corporation are not available, use the funds of the Corporation to purchase agricultural commodities and their products of the types customarily available under section 416 of the Agricultural Act of 1949 to meet such requirements.

7 USC 1431.

 “(2) Notwithstanding any other provision of law, the Secretary of Agriculture shall, during each of the two fiscal years beginning July 1, 1975, and ending June 30, 1977, purchase agricultural commodities and otherwise carry out the provisions of this subsection with funds appropriated from the general fund of the Treasury. There are hereby

Appropriation.

 authorized to be appropriated such funds as may be necessary to carry out the provisions of this paragraph. Authority provided in this paragraph shall be carried out only with such funds as are appropriated from the general fund of the Treasury for that specific purpose, and in no event shall it be carried out with funds derived from permanent appropriations. “(3) Nothing in this subsection shall supersede the requirements of section 10(e) of the Food Stamp Act of 1964, as amended, except as to

7 USC 2019.

 Indian reservations.”
Sec. 2. Section 15 of the Food Stamp Act of 1964, as amended, is

7 USC 2024.

 amended by changing subsections (a) and (b) to read as follows: “(a) Except as otherwise provided in this section, each State shall be

State financing of administrative costs.

 responsible for financing, from funds available to the State or political subdivision thereof, the costs of carrying out the administrative responsibilities assigned to it under the provisions of this Act. “(b) The Secretary is authorized to pay to each State agency an

Federal payments to States.

 amount equal to 50 per centum of all administrative costs, including, but not limited to, the cost of (1) the certification of households; (2) the acceptance, storage, and protection of coupons after their delivery to receiving points within the States; (3) the issuance of such coupons to eligible households; (4) the outreach and fair hearing requirements of section 10 of this Act; and (5) the control and accounting

7 USC 2019.

 of coupons: Provided, That each State shall, from time to time at the request of the Secretary, report to the Secretary on the effectiveness of its administration of the program and no such payment shall be made to any State unless the Secretary is satisfied pursuant to regulations which he shall issue that an adequate number of qualified personnel are employed by the State in the program to administer the program efficiently and effectively.”.
Sec. 3. Section 3 of the Child Nutrition Act of 1966, as amended (80

Special milk program.

42 USC 1772.

 Stat. 885, as amended, 42 U.S.C. 1771–1786), is amended as follows: (a) The first sentence is amended by striking “, not to exceed $120,000,000,” and inserting in lieu thereof “such sums as may be necessary”. (b) Section 3 is further amended by adding at the end thereof the

Reimbursement, minimum rate.

 following: “For the fiscal year ending June 30, 1975, and for subsequent fiscal years, the minimum rate of reimbursement for a half-pint of milk served in schools and other eligible institutions shall not be less than 5 cents per half-pint served to eligible children, and such minimum rate of reimbursement shall be adjusted on an annual basis each fiscal year thereafter, beginning with the fiscal year ending June 30, 1976, to reflect changes in the series of food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent.”.
Approved July 12, 1974.
Public Law 93–348: To amend the Public Health Service Act to establish a program of National Research Service Awards to assure the continued excellence of biomedical and behavioral research and to provide for the protection of human subjects involved in biomedical and behavioral research and for other purposes. Public Law 348 88 Stat. 342 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 342 Public Law 93–348
An Act To amend the Public Health Service Act to establish a program of National Research Service Awards to assure the continued excellence of biomedical and behavioral research and to provide for the protection of human subjects involved in biomedical and behavioral research and for other purposes.

July 12, 1974

[H. R. 7724]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Research Act.

42 USC 289l–1 note.
Section 1. This Act may be cited as the “National Research Act”.
<num value="I">TITLE I—</num> <heading class="inline">BIOMEDICAL AND BEHAVIORAL RESEARCH TRAINING</heading> <sidenote><p class="firstIndent1 fontsize8">National Research Service Award Act of 1974.</p></sidenote> <section> <heading class="smallCaps centered">short title</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “National Research Service Award Act of 1974”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote></content> </section> </section> <section> <heading class="smallCaps centered">findings and declaration of purpose</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Congress finds and declares that—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the success and continued viability of the Federal biomedical and behavioral research effort depends on the availability of excellent scientists and a network of institutions of excellence capable of producing superior research personnel;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">direct support of the training of scientists for careers in biomedical and behavioral research is an appropriate and necessary role for the Federal Government; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">graduate research assistance programs should be the key elements in the training programs of the institutes of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">It is the purpose of this title to increase the capability of the institutes of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration to carry out their responsibility of maintaining a superior national program of research into the physical and mental diseases and impairments of man.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">biomedical and behavioral research training</heading> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">The part H of the Public Health Service Act relating to<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 135.</p></sidenote> the appointment of the Directors of the National Institutes of Health and the National Cancer Institute is redesignated as part I, section 461 of such part is redesignated as section 471, and such part is amended by adding at the end the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“national research service awards</heading> <section class="firstIndent1 fontsize10"> <num value="472">“<inline class="smallCaps">Sec</inline>. 472. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1</ref>.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">provide National Research Service Awards for—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">biomedical and behavioral research at the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration in matters relating to the cause, diagnosis, prevention, and treatment of the disease (or diseases) or other health problems to which the activities of the Institutes and Administration are directed,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">training at the Institutes and Administration of individuals to undertake such research.</content> </clause> <page identifier="/us/stat/88/343">88 <inline class="smallCaps">Stat</inline>. 343</page> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">biomedical and behavioral research at non-Federal public institutions and at nonprofit private institutions, and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">pre- and postdoctoral training at such public and private institutions of individuals to undertake such research; and</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">make grants to non-Federal public institutions and to <sidenote><p class="firstIndent1 fontsize8">Non-Federal public and non-profit private institutions, grants.</p></sidenote> nonprofit private institutions to enable such institutions to make to individuals selected by them National Research Service Awards for research (and training to undertake such research) in the matters described in subparagraph (A) (i).</content> </subparagraph> <continuation class="inline">A reference in this subsection to the National Institutes of Health or the Alcohol, Drug Abuse, and Mental Health Administration shall be considered to include the institutes, divisions, and bureaus included in the Institutes or under the Administration, as the case may be.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">National Research Service Awards may not be used to support <sidenote><p class="firstIndent1 fontsize8">Prohibition.</p></sidenote> residencies.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Effective July 1, 1975, National Research Service Awards may be made for research or research training in only those subject areas for which, as determined under section 473, there is a need for <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 345.</p></sidenote> personnel.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">No National Research Service Award may be made by the Secretary to any individual unless—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the individual has submitted to the Secretary an application <sidenote><p class="firstIndent1 fontsize8">Application.</p></sidenote> therefor and the Secretary has approved the application;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the individual provides, in such form and manner as the Secretary shall by regulation prescribe, assurances satisfactory to the Secretary that the individual will meet the service requirement of subsection (c)(1); and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">in the case of a National Research Service Award for a purpose described in subsection (a)(1)(A)(iii) or (a)(1)(A) (iv), the individual has been sponsored (in such manner as the Secretary may by regulation require) by the institution at which the research or training under the Award will be conducted.</content> </subparagraph> <continuation class="inline">An application for an Award shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The award of National Research Service Awards by the Secretary <sidenote><p class="firstIndent1 fontsize8">Review.</p></sidenote> under subsection (a) and the making of grants for such Awards shall be subject to review and approval by the appropriate advisory councils to the entities of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration (A) whose activities relate to the research or training under the Awards, or (B) at which such research or training will be conducted.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">No grant may be made under subsection (a)(1)(B) unless an <sidenote><p class="firstIndent1 fontsize8">Application approval.</p></sidenote> application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe. Subject to the provisions of this section other than paragraph (1) of this subsection, National Research Service Awards made under a grant under subsection (a)(1)(B) shall be made in accordance with such regulations as the Secretary shall prescribe.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The period of any National Research Service Award made to <sidenote><p class="firstIndent1 fontsize8">Three-year limitation.</p></sidenote> any individual under subsection (a) may not exceed three years in the aggregate unless the Secretary for good cause shown waives the application of the three-year limit to such individual.</content> </paragraph> <page identifier="/us/stat/88/344">88 <inline class="smallCaps">Stat</inline>. 344</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">National Research Service Awards shall provide for such<sidenote><p class="firstIndent1 fontsize8">Stipends and allowances.</p></sidenote> stipends and allowances (including travel and subsistence expenses and dependency allowances) for the recipients of the Awards as the Secretary may deem necessary. A National Research Service Award made to an individual for research or research training at a non-Federal public or nonprofit private institution shall also provide for payments to be made to the institution for the cost of support services (including the cost of faculty salaries, supplies, equipment, general research support, and related items) provided such individual by such institution. The amount of any such payments to any institution shall be determined by the Secretary and shall bear a direct relationship to the reasonable costs of the institution for establishing and maintaining the quality of its biomedical and behavioral research and training programs.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Each individual who receives a National Research<sidenote><p class="firstIndent1 fontsize8">Health research or teaching, participation.</p></sidenote> Service Award shall, in accordance with paragraph (8), engage in—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">health research or teaching,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">if authorized under subparagraph (B), serve as a member of the National Health Service Corps or serve in his specialty, or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">if authorized under subparagraph (C), serve in a health related activity approved under that subparagraph,</content> </clause> <continuation class="inline">for a period computed in accordance with paragraph (2).</continuation> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Any individual who received a National Research Service Award and who is a physician, dentist, nurse, or other individual trained to provide health care directly to individual patients may, upon application to the Secretary, be authorized by the Secretary to—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">serve as a member of the National Health Service Corps,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">serve in his specialty in private practice in a geographic area designated by the Secretary as requiring that specialty, or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">provides services in his specialty for a health maintenance organization to which payments may be made under section 1876 of title X V I I I of the Social Security Act and which serves a<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1395mm">42 USC 1395mm</ref>.</p></sidenote> medically underserved population (as defined in section 1302(7) of this Act),<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300e–1">42 USC 300e–1</ref>.</p></sidenote></content> </clause> <continuation class="inline">in lieu of engaging in health research or teaching if the Secretary determines that there are no suitable health research or teaching positions available to such individual.</continuation> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">Where appropriate the Secretary may, upon application,<sidenote><p class="firstIndent1 fontsize8">Health-related activities.</p></sidenote> authorize a recipient of a National Research Service Award, who is not trained to provide health care directly to individual patients, to engage in a health-related activity in lieu of engaging in health research or teaching if the Secretary determines that there are no suitable health research or teaching positions available to such individual.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">For each year for which an individual receives a National Research Service Award he shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">for twelve months engage in health research or teaching or, if so authorized, serve as a member of the National Health Service Corps, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">if authorized under paragraph (1)(B) or (1)(C), for twenty months serve in his specialty or engage in a health-related activity.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The requirement of paragraph (1) shall be complied with by any individual to whom it applies within such reasonable period of time, after the completion of such individual’s Award, as the Secretary shall by regulation prescribe. The Secretary shall (A) by regulation prescribe (i) the type of research and teaching which an individual may engage in to comply with such requirement, and (ii)<page identifier="/us/stat/88/345">88 <inline class="smallCaps">Stat</inline>. 345</page> such other requirements respecting such research and teaching and alternative service authorized under paragraphs (1) (B) and (1) (C) as he deems necessary; and (B) to the extent feasible, provide that the members of the National Health Service Corps who are serving in the Corps to meet the requirement of paragraph (1) shall be assigned to patient care and to positions which utilize the clinical training and experience of the members.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">If any individual to whom the requirement of paragraph <sidenote><p class="firstIndent1 fontsize8">Noncompliance, recovery formula.</p></sidenote> (1) is applicable fails, within the period prescribed by paragraph (ں), to comply with such requirement, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula—<math xmlns="http://www.w3.org/1998/Math/MathML" display="block"><mrow><mi>A</mi><mo>=</mo><mi>ϕ</mi><mrow><mo>(</mo><mrow><mfrac><mrow><mi>t</mi><mo>−</mo><mn>1</mn><mo>/</mo><mn>2</mn><mi>s</mi></mrow><mi>t</mi></mfrac></mrow><mo>)</mo></mrow></mrow></math> in which ‘A’ is the amount the United States is entitled to recover; ‘<i>ϕ</i>’ is the sum of the total amount paid under one or more National Research Service Awards to such individual and the interest on such amount which would be payable if at the time it was paid it was a loan bearing interest at a rate fixed by the Secretary of the Treasury after taking into consideration private consumer rates of interest prevailing at the time each Award to such individual was made; ‘t’ is the total number of months in such individual’s service obligation; and ‘s’ is the number of months of such obligation served by him in accordance with paragraphs (1) and (2) of this subsection.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">Any amount which the United States is entitled to recover under subparagraph (A) shall, within the three-year period beginning on the date the United States becomes entitled to recover such amount, be paid to the United States. Until any amount due the United States under subparagraph (A) on account of any National Research Service Award is paid, there shall accrue to the United States interest on such amount at the same rate as that fixed by the Secretary of the Treasury under subparagraph (A) to determine the amount due the United States.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Any obligation of any individual under paragraph (3) <sidenote><p class="firstIndent1 fontsize8">Obligations cancellation waiver or suspension.</p></sidenote> shall be canceled upon the death of such individual.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">The Secretary shall by regulation provide for the waiver or suspension of any such obligation applicable to any individual whenever compliance by such individual is impossible or would involve extreme hardship to such individual and if enforcement of such obligation with respect to any individual would be against equity and good conscience.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">There are authorized to be appropriated to make payments <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> under National Research Service Awards and under grants for such Awards $207,947,000 for the fiscal year ending June 30, 1975. Of the sums appropriated under this subsection, not less than 25 per centum shall be made available for payments under National Research Service Awards provided by the Secretary under subsection (a)(1)(A).</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“studies respecting biomedical and behavioral research personnel</heading> <section class="firstIndent1 fontsize10"> <num value="473">“<inline class="smallCaps">Sec</inline>. 473. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary shall, in accordance with subsection <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–2">42 USC 289<i>l</i>–2</ref>.</p></sidenote> (b), arrange for the conduct of a continuing study to—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">establish (A) the Nation’s overall need for biomedical and behavioral research personnel, (B) the subject areas in which such personnel are needed and the number of such personnel needed in each such area, and (C) the kinds and extent of training which should be provided such personnel;</content> </paragraph> <page identifier="/us/stat/88/346">88 <inline class="smallCaps">Stat</inline>. 346</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">assess (A) current training programs available for the training of biomedical and behavioral research personnel which are conducted under this Act at or through institutes under the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration, and (B) other current training programs available for the training of such personnel;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">identify the kinds of research positions available to and held by individuals completing such programs;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">determine, to the extent feasible, whether the programs referred to in clause (B) of paragraph (2) would be adequate to meet the needs established under paragraph (1) if the programs referred to in clause (A) of paragraph (2) were terminated; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">determine what modifications in the programs referred to in paragraph (2) are required to meet the needs established under paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall request the National Academy of Sciences to conduct the study required by subsection (a) under an arrangement under which the actual expenses incurred by such Academy in conducting such study will be paid by the Secretary, If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with such Academy for the conduct of such study.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If the National Academy of Sciences is unwilling to conduct such study under such an arrangement, then the Secretary shall enter into a similar arrangement with other appropriate nonprofit private groups or associations under which such groups or associations will conduct such study and prepare and submit the reports thereon as provided in subsection (c).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">A report on the results of such study shall be submitted by the<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> Secretary to the Committee on Interstate and Foreign Commerce of the House of Representatives and the Committee on Labor and Public Welfare of the Senate not later than March 31 of each year.”</content> </subsection> </section> </section> </quotedContent> </content> </section> </section> <section> <heading class="smallCaps centered">conforming amendments</heading> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 301 of the Public Health Service Act <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote> amended (A) by striking out paragraph (c); (B) by striking out in paragraph (d) “<quotedText>or research training</quotedText>” each place it occurs, “<quotedText>and research training programs</quotedText>”, and “<quotedText>and research training program</quotedText>”; and (C) by redesignating paragraphs (d), (e), (f), (g), (h), and (i) as paragraphs (c), (d), (e), (f), (g), and (h), respectively.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 303(a)(1) of such Act is amended to read as<sidenote><p class="firstIndent1 fontsize8">Clinical training and instruction.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242a">42 USC 242a</ref>.</p></sidenote> follows: <quotedContent> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to provide clinical training and instruction and to establish and maintain clinical traineeships (with such stipends and allowances (including travel and subsistence expenses and dependency allowances) for the trainees as the Secretary may deem necessary);”.</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">Section 303(b) of such Act is amended by inserting before the first sentence the following: “<quotedText>The Secretary may provide for training, instruction, and traineeships under subsection (a)(1) through grants to public and other nonprofit institutions.</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 402(a) of such Act is amended (A) by striking out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s282">42 USC 282</ref>.</p></sidenote> “<quotedText>training and instruction</quotedText>” in paragraph (3) and inserting in lieu thereof “<quotedText>clinical training and instruction</quotedText>”, and (B) by striking out paragraph (4) and by redesignating paragraphs (5), (6), and (7) as paragraphs (4), (5), and (6), respectively.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 407(b) (7) of such Act is amended (A) by striking out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286a">42 USC 286a</ref>.</p></sidenote><page identifier="/us/stat/88/347">88 <inline class="smallCaps">Stat</inline>. 347</page> “<quotedText>and basic research and treatment</quotedText>”, and (B) by striking out “<quotedText>where appropriate</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">Section 408(b) (3) of such Act is amended by inserting “<quotedText>clinical</quotedText>” <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286b">42 USC 286b</ref>.</p></sidenote> before “training” each place it occurs.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Section 412(7) of such Act is amended by striking out “<quotedText>(1) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s287a">42 USC 287a</ref>.</p></sidenote> establish and maintain</quotedText>” and all that follows down through and including “<quotedText>maintain traineeships</quotedText>” and inserting in lieu thereof “<quotedText>, provide clinical training and instruction and establish and maintain clinical traineeships</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Section 413(a)(7) is amended by inserting “<quotedText>clinical</quotedText>” before <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s287b">42 USC 287b</ref>.</p></sidenote> “programs”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Section 415 (b) is amended by inserting before the period at the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s287d">42 USC 287d</ref>.</p></sidenote> end of the last sentence thereof the following: “<quotedText> ; and the term ‘training’ does not include research training for which fellowship support may be provided under section 472</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">Section 422 of such Act is amended (A) by striking out paragraph <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s288a">42 USC 288a</ref>.</p></sidenote> (c) and by redesignating paragraphs (d) , (e), and (f) as paragraphs (c), (d ) , and (e), respectively, and (B) by striking out “<quotedText>training and instruction and establish and maintain traineeships</quotedText>” in paragraph (e) (as so redesignated) and inserting in lieu thereof “<quotedText>clinical training and instruction and establish and maintain clinical traineeships</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">Section 434(c) (2) of such Act is amended by inserting “<quotedText>(other <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289c–1">42 USC 289c–1</ref>.</p></sidenote> than research training for which National Research Service Awards may be made under section 472)</quotedText>” after “training” the first time it occurs.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="11">(11) </num> <content class="inline">Sections 433(a), 444, and 453 of such Act are each amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289c/289g/289k">42 USC 289c, 289g, 289k</ref>.</p></sidenote> by striking out the second sentence thereof.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="12">(12) </num> <content class="inline">The heading for part I of title IV of such Act (as so redesignated by section 103) is amended by striking out “<quotedText><inline class="smallCaps">Administrative</inline></quotedText>” <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 342.</p></sidenote> and inserting in lieu thereof “<quotedText><inline class="smallCaps">General</inline>.</quotedText>”</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendments made by subsection (a) shall not apply with <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241 note</ref>.</p></sidenote> respect to commitments made before the date of the enactment of this Act by the Secretary of Health, Education, and Welfare for research training under the provisions of the Public Health Service Act amended or repealed by subsection (a).</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">sex discrimination</heading> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <chapeau class="inline">Section 799A of the Public Health Service Act is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s295h–9">42 USC 295h–9</ref>.</p></sidenote> by adding at the end thereof the following: “In the case of a school of medicine which—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">on the date of the enactment of this sentence is in the process of changing its status as an institution which admits only female students to that of an institution which admits students without regard to their sex, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">is carrying out such change in accordance with a plan approved by the Secretary,</content> </paragraph> <continuation class="inline">the provisions of the preceding sentences of this section shall apply only with respect to a grant, contract, loan guarantee, or interest subsidy to, or for the benefit of such a school for a fiscal year beginning after June 30, 1979.”</continuation> </section> </section> <section> <heading class="smallCaps centered">financial distress grants</heading> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Section 773(a) of the Public Health Service Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s295f–3">42 USC 295f–3</ref>.</p></sidenote> amended (1) by striking out “<quotedText>$10,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$15,000,000</quotedText>”, and (2) by striking out “<quotedText>1972</quotedText>” each place it occurs in the last sentence thereof and inserting in lieu thereof “<quotedText>1974</quotedText>”.</content> </section> </section> 88 Stat. 348 <num value="II">TITLE II—</num> <heading class="inline">PROTECTION OF HUMAN SUBJECTS OF BIOMEDICAL AND BEHAVIORAL RESEARCH</heading> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research</inline></heading> <section> <heading class="smallCaps centered">establishment of commission</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established a Commission to be known as<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (hereinafter in this title referred to as the “Commission”).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commission shall be composed of eleven members<sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> appointed by the Secretary of Health, Education, and Welfare (hereinafter in this title referred to as the “Secretary”). The Secretary shall select members of the Commission from individuals distinguished in the fields of medicine, law, ethics, theology, the biological, physical, behavioral and social sciences, philosophy, humanities, health administration, government, and public affairs; but five (and not more than five) of the members of the Commission shall be individuals who are or who have been engaged in biomedical or behavioral research involving human subjects. In appointing members of the Commission, the Secretary shall give consideration to recommendations from the National Academy of Sciences and other appropriate entities. Members of the<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> Commission shall be appointed for the life of the Commission. The Secretary shall appoint the members of the Commission within sixty days of the date of the enactment of this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Except as provided in subparagraph (B) members of the<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> Commission shall each be entitled to receive the daily equivalent of the annual rate of the basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) during which they are<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> engaged in the actual performance of the duties of the Commission.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">Members of the Commission who are full-time officers or employees of the United States shall receive no additional pay on account of their service on the Commission.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">While away from their homes or regular places of business in<sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote> the performance of duties of the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The chairman of the Commission shall be selected by the members <sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote> of the Commission from among their number.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commission may appoint and fix the pay of such staff<sidenote><p class="firstIndent1 fontsize8">Personnel.</p></sidenote> personnel as it deems desirable. Such personnel shall be appointed<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p></sidenote> subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter I I I of chapter 53<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5101/5331/5332">5 USC 5101, 5331, 5332 note</ref>.</p></sidenote> of such title relating to classification and General Schedule pay rates.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule.</content> </paragraph> </subsection> </section> </section> <page identifier="/us/stat/88/349">88 <inline class="smallCaps">Stat</inline>. 349</page> <section> <heading class="smallCaps centered">commission duties</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commission shall carry out the following: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Commission shall (i) conduct a comprehensive investigation <sidenote><p class="firstIndent1 fontsize8">Research involving human subjects, study; guideline development.</p></sidenote> and study to identify the basic ethical principles which should underlie the conduct of biomedical and behavioral research involving human subjects, (ii) develop guidelines which should be followed in such research to assure that it is conducted in accordance with such principles, and (iii) make recommendations to the Secretary (I) for such administrative action as may be appropriate to apply such guidelines to biomedical and behavioral research conducted or supported under programs administered by the Secretary, and (II) concerning any other matter pertaining to the protection of human subjects of biomedical and behavioral research.</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <chapeau class="inline">In carrying out subparagraph (A) , the Commission shall consider at least the following:</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">The boundaries between biomedical or behavioral research involving human subjects and the accepted and routine practice of medicine.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">The role of assessment of risk-benefit criteria in the determination of the appropriateness of research involving human subjects.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">Appropriate guidelines for the selection of human subjects for participation in biomedical and behavioral research.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">(iv) </num> <content class="inline">The nature and definition of informed consent in various research settings.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="v">(v) </num> <content class="inline">Mechanisms for evaluating and monitoring the performance of Institutional Review Boards established in accordance with section 474 of the Public Health Service Act and appropriate <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 352.</p></sidenote> enforcement mechanisms for carrying out their decisions.</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">The Commission shall consider the appropriateness of applying the principles and guidelines identified and developed under subparagraph (A) to the delivery of health services to patients under programs conducted or supported by the Secretary.</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Commission shall identify the requirements for informed <sidenote><p class="firstIndent1 fontsize8">Consent requirements.</p></sidenote> consent to participation in biomedical and behavioral research by children, prisoners, and the institutionalized mentally infirm. The Commission shall investigate and study biomedical and behavioral research conducted or supported under programs administered by the Secretary and involving children, prisoners, and the institutionalized mentally infirm to determine the nature of the consent obtained from such persons or their legal representatives before such persons were involved in such research; the adequacy of the information given them respecting the nature and purpose of the research, procedures to be used, risks and discomforts, anticipated benefits from the research, and other matters necessary for informed consent; and the competence and the freedom of the persons to make a choice for or against involvement in such research. On the basis of such investigation and study the Commission shall make such recommendations to the Secretary as it determines appropriate to assure that biomedical and behavioral research conducted or supported under programs administered by him meets the requirements respecting informed consent identified by the Commission. For purposes of this paragraph, the term "children" means Definitions. individuals who have not attained the legal age of consent to participate in research as determined under the applicable law of the jurisdiction in which the research is to be conducted; the term “prisoner” means individuals involuntarily confined in correctional institutions or facilities (as defined in section 601 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3781)); and the term “institutionalized mentally infirm” includes individuals who are mentally<page identifier="/us/stat/88/350">88 <inline class="smallCaps">Stat</inline>. 350</page> ill, mentally retarded, emotionally disturbed, psychotic, or senile, or who have other impairments of a similar nature and who reside as patients in an institution.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Commission shall conduct an investigation and study to<sidenote><p class="firstIndent1 fontsize8">Protection mechanism, study.</p></sidenote> determine the need for a mechanism to assure that human subjects in biomedical and behavioral research not subject to regulation by the Secretary are protected. If the Commission determines that such a mechanism is needed, it shall develop and recommend to the Congress such a mechanism. The Commission may contract for the design of such a mechanism to be included in such recommendations.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Commission shall conduct an investigation and study of<sidenote><p class="firstIndent1 fontsize8">Living fetus research, study.</p></sidenote> the nature and extent of research involving living fetuses, the purposes for which such research has been undertaken, and alternative means for achieving such purposes. The Commission shall, not later than the expiration of the i-month period beginning on the first day of the first month that follows the date on which all the members of the Commission have taken office, recommend to the Secretary policies defining the circumstances (if any) under which such research may be conducted or supported.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Commission shall conduct an investigation and study of<sidenote><p class="firstIndent1 fontsize8">Psychosurgery usage, study.</p></sidenote> the use of psychosurgery in the United States during the five-year period ending December 31, 1972. The Commission shall determine the appropriateness of its use, evaluate the need for it, and recommend to the Secretary policies defining the circumstances (if any) under which its use may be appropriate. For purposes of this paragraph, the term<sidenote><p class="firstIndent1 fontsize8">Definition.</p></sidenote> “psychosurgery” means brain surgery on (1) normal brain tissue of an individual, who does not suffer from any physical disease, for the purpose of changing or controlling the behavior or emotions of such individual, or (2) diseased brain tissue of an individual, if the sole object of the performance of such surgery is to control, change, or affect any behavioral or emotional disturbance of such individual. Such term does not include brain surgery designed to cure or ameliorate the effects of epilepsy and electric shock treatments.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The Commission shall make recommendations to the Congress<sidenote><p class="firstIndent1 fontsize8">Recommendations to Congress.</p></sidenote> respecting the functions and authority of the National Advisory Council for the Protection of Subjects of Biomedical and Behavioral Research to be established under section 217(f) of the Public Health Service Act.<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 351.</p></sidenote></content> </subsection> </section> </section> <section> <heading class="smallCaps centered">special study</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <chapeau class="inline">The Commission shall undertake a comprehensive study<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> of the ethical, social, and legal implications of advances in biomedical and behavioral research and technology. Such study shall include—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an analysis and evaluation of scientific and technological advances in past, present, and projected biomedical and behavioral research and services;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an analysis and evaluation of the implications of such advances, both for individuals and for society;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">an analysis and evaluation of laws and moral and ethical principles governing the use of technology in medical practice:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an analysis and evaluation of public understanding of and attitudes toward such implications and laws and principles; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">an analysis and evaluation of implications for public policy of such findings as are made by the Commission with respect to advances in biomedical and behavioral research and technology and public attitudes toward such advances.</content> </paragraph> </section> </section> <page identifier="/us/stat/88/351">88 <inline class="smallCaps">Stat</inline>. 351</page> <section> <heading class="smallCaps centered">administrative provisions</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commission may for the purpose of carrying out <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> its duties under sections 202 and 203 hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems advisable.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out its duties. Upon the request of the chairman of the Commission, the head of such department or agency shall furnish such information to the Commission.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Commission shall not disclose any information reported <sidenote><p class="firstIndent1 fontsize8">Information disclosure, prohibition.</p></sidenote> to or otherwise obtained by it in carrying out its duties which (1) identifies any individual who has been the subject of an activity studied and investigated by the Commission, or (2) which concerns any information which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Except as provided in subsection (b) of section 202, the Commission shall complete its duties under sections 202 and 203 not later than the expiration of the 24-month period beginning on the first day of the first month that follows the date on which all the members of the Commission have taken office. The Commission shall make periodic<sidenote><p class="firstIndent1 fontsize8">Reports to President, Congress and HEW.</p></sidenote> reports to the President, the Congress, and the Secretary respecting its activities under sections 202 and 203 and shall, not later than ninety days after the expiration of such 24-month period, make a final report to the President, the Congress, and the Secretary respecting such activities and including its recommendations for administrative action and legislation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The Commission shall cease to exist thirty days following the submission of its final report pursuant to subsection (d). <sidenote><p class="firstIndent1 fontsize8">Termination date.</p></sidenote></content> </subsection> </section> </section> <section> <heading class="smallCaps centered">duties of the secretary</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">Within 60 days of the receipt of any recommendation made <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> by the Commission under section 202, the Secretary shall publish it in the Federal Register and provide opportunity for interested persons <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> to submit written data, views, and arguments with respect to such recommendation. The Secretary shall consider the Commission’s recommendation and relevant matter submitted with respect to it and, within 180 days of the date of its publication in the Federal Register, the Secretary shall (1) determine whether the administrative action proposed by such recommendation is appropriate to assure the protection of human subjects of biomedical and behavioral research conducted or supported under programs administered by him, and (2) if he determines that such action is not so appropriate, publish in the Federal Register such determination together with an adequate statement of the reasons for his determination. If the Secretary determines that administrative action recommended by the Commission should be undertaken by him, he shall undertake such action as expeditiously as is feasible.</content> </section> </section> </part> <part> <num value="b"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Miscellaneous</inline></heading> <section> <heading class="smallCaps centered">national advisory council for the protection of subjects of biomedical and behavioral research</heading> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 217 of the Public Health Service Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s218">42 USC 218</ref>.</p></sidenote> amended by adding at the end the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There shall be established a National Advisory Council for <sidenote><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> the Protection of Subjects of Biomedical and Behavioral Research <page identifier="/us/stat/88/352">88 <inline class="smallCaps">Stat</inline>. 352</page> (hereinafter in this subsection referred to as the ‘Council’) which shall<sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> consist of the Secretary who shall be Chairman and not less than seven nor more than fifteen other members who shall be appointed by the Secretary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The Secretary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq.</i></ref></p></sidenote> shall select members of the Council from individuals distinguished in the fields of medicine, law, ethics, theology, the biological, physical, behavioral and social sciences, philosophy, humanities, health administration, government, and public affairs; but three (and not more than three) of the members of the Council shall be individuals who are or who have been engaged in biomedical or behavioral research involving human subjects. No individual who was appointed to be a member of the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (established under title II of the National Research Act) may be appointed to be a member<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 348.</p></sidenote> of the Council. The appointed members of the Council shall have terms of office of four years, except that for the purpose of staggering<sidenote><p class="firstIndent1 fontsize8">Term.</p></sidenote> the expiration of the terms of office of the Council members, the Secretary shall, at the time of appointment, designate a term of office of less than four years for members first appointed to the Council.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The Council shall—<sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">advise, consult with, and make recommendations to, the Secretary concerning all matters pertaining to the protection of human subjects of biomedical and behavioral research;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">review policies, regulations, and other requirements of the Secretary governing such research to determine the extent to which such policies, regulations, and requirements require and are effective in requiring observance in such research of the basic ethical principles which should underlie the conduct of such research and, to the extent such policies, regulations, or requirements do not require or are not effective in requiring observance of such principles, make recommendations to the Secretary respecting appropriate revision of such policies, regulations, or requirements; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">review periodically changes in the scope, purpose, and types of biomedical and behavioral research being conducted and the impact such changes have on the policies, regulations, and other requirements of the Secretary for the protection of human subjects of such research.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Council may disseminate to the public such information, recommendations, and other matters relating to its functions as it deems appropriate.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">Section 14 of the Federal Advisory Committee Act shall not<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/sI">5 USC app. I</ref>.</p></sidenote> apply with respect to the Council.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall take effect<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s218">42 USC 218 note</ref>.</p></sidenote> July 1, 1976.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">institutional review boards; ethics guidance program</heading> <section class="firstIndent1 fontsize10"> <num value="212"><inline class="smallCaps">Sec</inline>. 212. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part I of title IV of the Public Health Service Act, as amended by section 103 of this Act, is amended by adding at the end the following new section: <quotedContent> <section> <heading class="smallCaps centered">“institutional review boards; ethics guidance program</heading> <section class="firstIndent1 fontsize10"> <num value="474">“<inline class="smallCaps">Sec</inline>. 474. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary shall by regulation require that each<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–3">42 USC 289<i>l</i>–3</ref>.</p></sidenote> entity which applies for a grant or contract under this Act for any project or program which involves the conduct of biomedical or behavioral research involving human subjects submit in or with its<page identifier="/us/stat/88/353">88 <inline class="smallCaps">Stat</inline>. 353</page> application for such grant or contract assurances satisfactory to the Secretary that it has established (in accordance with regulations which the Secretary shall prescribe) a board (to be known as an ‘Institutional Review Board’) to review biomedical and behavioral research involving human subjects conducted at or sponsored by such entity in order to protect the rights of the human subjects of such research.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Secretary shall establish a program within the Department under which requests for clarification and guidance with respect to ethical issues raised in connection with biomedical or behavioral research involving human subjects are responded to promptly and appropriately.”</content> </subsection> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Secretary of Health, Education, and Welfare shall within <sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–3">42 USC 289<i>l</i>–3 note</ref>.</p></sidenote> 240 days of the date of the enactment of this Act promulgate such regulations as may be required to carry out section 474(a) of the Public Health Service Act. Such regulations shall apply with respect <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 352.</p></sidenote> to applications for grants and contracts under such Act submitted after promulgation of such regulations.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">limitation on research</heading> <section class="firstIndent1 fontsize10"> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num> <content class="inline">Until the Commission has made its recommendations to <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p></sidenote> the Secretary pursuant to section 202(b), the Secretary may not conduct or support research in the United States or abroad on a living human fetus, before or after the induced abortion of such fetus, unless such research is done for the purpose of assuring the survival of such fetus.</content> </section> </section> <section> <heading class="smallCaps centered">individual rights</heading> <section class="firstIndent1 fontsize10"> <num value="214"><inline class="smallCaps">Sec</inline>. 214. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (c) of section 401 of the Health Programs Extension Act of 1973 is amended (1) by inserting “<quotedText>(1)</quotedText>” after “(c)”, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s300a–7">42 USC 300a–7</ref>.</p></sidenote> (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and (3) by adding at the end the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">No entity which receives after the date of enactment of this <sidenote><p class="firstIndent1 fontsize8">Nondiscrimination.</p></sidenote> paragraph a grant or contract for biomedical or behavioral research under any program administered by the Secretary of Health, Education, and Welfare may—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">discriminate in the employment, promotion, or termination of employment of any physician or other health care personnel, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">discriminate in the extension of staff or other privileges to any physician or other health care personnel,</content> </subparagraph> </paragraph> </quotedContent> <p class="inline">because he performed or assisted in the performance of any lawful health service or research activity, because he refused to perform or assist in the performance of any such service or activity on the grounds that his performance or assistance in the performance of such service or activity would be contrary to his religious beliefs or moral convictions, or because of his religious beliefs or moral convictions respecting any such service or activity.”</p> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 401 of such Act is amended by adding at the end the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">No individual shall be required to perform or assist in the performance of any part of a health service program or research activity funded in whole or in part under a program administered by the Secretary of Health, Education, and Welfare if his performance or assistance in the performance of such part of such program or activity would be contrary to his religious beliefs or moral convictions.”</content> </subsection> </quotedContent> </content> </subsection> </section> </section> <page identifier="/us/stat/88/354">88 <inline class="smallCaps">Stat</inline>. 354</page> <section> <heading class="smallCaps centered">special project grants and contracts</heading> <section class="firstIndent1 fontsize10"> <num value="215"><inline class="smallCaps">Sec</inline>. 215. </num> <content class="inline">Section 772(a)(7) of the Public Health Service Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s295f–2">42 USC 295f–2</ref>.</p></sidenote> amended by inserting immediately before the semicolon at the end thereof the following: “<quotedText>, or (C) providing increased emphasis on the ethical, social, legal, and moral implications of advances in biomedical research and technology with respect to the effects of such advances on individuals and society</quotedText>”.</content> </section> </section> </part> Approved July 12, 1974.
Public Law 93–349: To provide for payments by the Postal Service to the Civil Service Retirement Fund for increases in the unfunded liability of the Fund due to increases in benefits for Postal Service employees, and for other purposes. Public Law 349 88 Stat. 354 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–349
An Act To provide for payments by the Postal Service to the Civil Service Retirement Fund for increases in the unfunded liability of the Fund due to increases in benefits for Postal Service employees, and for other purposes.

July 12, 1974

[H. R. 29]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8348 of

Civil Service Retirement Fund.

Postal Service payments.

 title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(h) (1) Notwithstanding any other statute, the United States Postal Service shall be liable for that portion of any estimated increase in the unfunded liability of the Fund which is attributable to any benefits payable from the Fund to active and retired Postal Service officers and employees, and to their survivors, when the increase results from an employee-management agreement under title 39, or

39 USC 101 et seq.

 any administrative action by the Postal Service taken pursuant to law, which authorizes increases in pay on which benefits are computed. “(2) The estimated increase in the unfunded liability, referred to

Unfunded liability increase, determination.

 in paragraph (1) of this subsection, shall be determined by the Civil Service Commission. The United States Postal Service shall pay the amount so determined to the Commission in thirty equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in pay becomes effective.”.
Sec. 2. (a) The last sentence of section 1005(d) of title 39, United

Repeal.

 States Code, is repealed. (b) Section 1005(d) of title 39, United States Code, is amended by adding at the end thereof the following new sentence: “The Postal Service shall pay into the Civil Service Retirement and Disability Fund the amounts determined by the Civil Service Commission under section 8348 (h) of title 5.”.

Supra.
Sec. 3. The effective date of this Act shall be July 1, 1971, except

Effective date, exceptions.

39 USC 1005 note.

 that the Postal Service shall not be required to make (1) the payments due June 30, 1972, June 30, 1973, and June 30, 1974, attributable to pay increases granted by the Postal Service prior to July 1, 1973, until such time as funds are appropriated to the Postal Service for that purpose, and (2) the transfer to the Civil Service Retirement and Disability Fund required by title II of the Treasury, Postal Service, and General Government Appropriation Act, 1974, Public Law 93–143.

87 Stat. 513.
Approved July 12, 1974.
Public Law 93–350: To amend title 5, United States Code, with respect to the retirement of certain law enforcement and firefighter personnel, and for other purposes. Public Law 350 88 Stat. 355 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 355 Public Law 93–350
An Act To amend title 5, United States Code, with respect to the retirement of certain law enforcement and firefighter personnel, and for other purposes.

July 12, 1974

[H. R. 9281]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 3307 of

Certain law enforcement and firefighting personnel.

Retirement benefits.

 title 5, United States Code, is amended— (1) by striking out in subsection (a) thereof “subsections (b) and (c)” and inserting in lieu thereof “subsections (b) , (c), and (d)” ; and (2) by adding the following new subsection at the end thereof: “(d) The head of any agency may, with the concurrence of such agent as the President may designate, determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331 (20) and (21), respectively, of this title.”

Intra.
Sec. 2. (a) Section 8331(3) of title 5, United States Code, is amended— (1) by striking out the word “and” at the end of clause (B) (ii) ; (2) by inserting the word “and” immediately after the semicolon at the end of subparagraph (C) ; (3) by adding immediately below subparagraph (C) the following new subparagraph: “(D) with respect to a law enforcement officer, premium pay under section 5545 (c) (2) of this title ;” ; and

5 USC 5545.

 (4) by striking out “subparagraphs (B) and (C) of this paragraph” and inserting in lieu thereof “subparagraphs (B), (C), and (D) of this paragraph”. (b) Section 8331 of title 5, United States Code, is amended— (1) by striking out “and” at the end of paragraph (18); (2) by striking out the period at the end of paragraph (19) and inserting in lieu thereof a semicolon and the word “and”; and (3) by adding at the end thereof the following: “(20) ‘law enforcement officer’ means an employee, the duties

“Law enforcement officer.”

 of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this paragraph,

“Detention.”

 ‘detention’ includes the duties of— “(A) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated; “(B) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; “(C) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and “(D) employees of the Department of Corrections of the District of Columbia, its industries and utilities; whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniformed Code of Military Justice (chapter88 Stat. 356 47 of title 10) require frequent (as determined by the appropriate

10 USC 801.

 administrative authority with the concurrence of the Commission) direct contact with these individuals in their detention, direction, supervision, inspection, training, employment, care, transportation, or rehabilitation; and “(21) ‘firefighter’ means an employee, the duties of whose position

“Firefighter.”

 are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position.”
Sec. 3. (a) The first sentence of section 8334(a) (1) of title 5, United States Code, is amended by inserting “a law enforcement officer, and a firefighter,” following “Congressional employee,”. (b) The first sentence of section 8334(c) of title 5, United States

Deposits.

 Code, is amended by adding at the end thereof the following new schedule:
“Law enforcement office for law enforcement service and firefighter for firefighter service. 2½--------------- August 1, 1920, to June 30, 1926.
3½--------------- July 1, 1926, to June 30, 1942.
5------------------ July 1, 1942, to June 30, 1948.
6------------------ July 1, 1948, to October 31, 1956
6½--------------- November 1, 1956, to December 31, 1969
7------------------ January 1, 1970, to December 31, 1974.
7½--------------- After December 31, 1974.”.
Sec. 4. Section 8335 of title 5, United States Code, is amended by

Mandatory separation.

 adding the following new subsection at the end thereof: “(g) A law enforcement officer or a firefighter who is otherwise

Infra.

 eligible for immediate retirement under section 8336(c) of this title shall be separated from the service on the last day of the month in which he becomes 55 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment

Exemption.

 the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.”
Sec. 5. Section 8336(c) of title 5, United States Code, is amended

Early retirement.

 to read as follows: “(c) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 20 years, is entitled to an annuity.”
SEC. 6. Section 8339(d) of title 5, United States Code, is amended

Annuity computation.

 to read as follows: “(d) The annuity of an employee retiring under section 8335(g) or 8336 (c) of this title is—

Supra.

 “(A) 2½ percent of his average pay multiplied by so much of his total service as does not exceed 20 years; plus “(B) 2 percent of his average pay multiplied by so much of his total service as exceeds 20 years.”
Sec. 7. The amendments made by the first section, and sections 2(b) ,

Effective dates.

5 USC 3307 note.

 5, and 6, of this Act shall become effective on the date of enactment of this Act. The amendments made by sections 2(a) and 3 of this Act shall become effective at the beginning of the first applicable pay period which begins after December 31, 1974. The amendment made by section 4 of this Act shall become effective on January 1, 1978.
Approved July 12, 1974.
Public Law 93–351: To amend title VII of the Older Americans Act relating to the nutrition program for the elderly to provide authorization of appropriations, and for other purposes. Public Law 351 88 Stat. 357 1974-07-12 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 357 Public Law 93–351
An Act To amend title VII of the Older Americans Act relating to the nutrition program for the elderly to provide authorization of appropriations, and for other purposes.

July 12, 1974

[H. R. 11105]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first sentence

Older Americans Act of 1965, amendments.

42 USC 3045g.

 of section 708 of the Older Americans Act is amended by striking out the word “and” before “$150,000,000” and by inserting before the period a comma and the following: “$150,000,000 for the fiscal year ending June 30, 1975, $200,000,000 for the fiscal year ending June 30, 1976, and $250,000,000 for the fiscal year ending June 30, 1977”.
Sec. 2. (a) Section 201(a) of the Older Americans Act (42 U.S.C. 3011) is amended by striking out everything in such section that follows the word “Commissioner” the second time it appears in the fourth sentence of such section and inserting in lieu thereof a period. (b) Any delegation of the functions of the Commissioner on Aging

Commisioner, delegation of functions, modification.

42 USC 3011 note.

 in effect on the date of enactment of this Act, issued pursuant to section 201(a) of such Act, shall be modified by the Commissioner to comply with the provisions of the amendment made by this section.
Sec. 3. Title III of the Older Americans Act of 1965 (42 U.S.C. 3021ff.) is amended by adding the following new section:

42 USC 3021.
“transportation projects
“Sec. 309. (a) There are authorized to be appropriated $35,000,000

Appropriation.

42 USC 3029.

 for the fiscal year ending June 30, 1975, to carry out the purposes of this section. From sums appropriated under this section, the Commissioner is authorized to make grants to each State having a State plan approved under section 305 for the purpose of paying up to 75 per

42 USC 3025.

 centum of the costs of meeting the transportation needs of older persons, with special emphasis on providing supportive transportation in connection with nutrition projects operated pursuant to title VII

42 USC 3045.

State allotments.

 of this Act. Sums appropriated under this section shall be allotted to the states in accordance with the allotment formula contained in section 303. “(b) The allotment to a State under this section shall remain available until December 31, 1975, for grants and contracts to area agencies on aging, organized under section 305(b), or to other public or nonprofit

42 USC 3023.

Allotments, availability.

 private agencies that the State agency determines have the capacity to meet the transportation needs of older persons and to provide supportive transportation services in connection with nutrition projects operated under title VII. In making grants and contracts under this section, State agencies shall give priority to applicants proposing

Applicants granted priority.

 to serve areas m which there is no public transportation or in which existing public transportation is inadequate to meet the special needs of older persons. “(c) Within ninety days following the enactment of legislation appropriating funds as authorized by this section, the Commissioner shall issue final regulations for implementation of the program herein

Final regulations.

 authorized. “(d) The Commissioner is authorized and directed to request the

Technical assistance.

 technical assistance and cooperation of the Secretary of Transportation and such other departments and agencies of the Federal Government as may be appropriate for the proper and effective administration of this section.”.
Sec. 4. Section 201 of Public Law 93–113 (87 Stat. 401, October 1,

42 USC 5001.

 1973) is amended by inserting the following new subsection (b) after88 Stat. 358 subsection (a) and redesignating the present subsection (b) as subsection (c) : “(b) In no event shall the required proportion of the local contribution

Local contributions, required proportion.

 (including in-kind contributions) for a grant or contract made under this section be more than 10 per centum in the first year of assistance under this section, 20 per centum in the second such year, 30 per centum in the third such year, 40 per centum in the fourth such year, and 50 per centum in any subsequent such years: Provided, however, That the Director may make exceptions in cases of demonstrated need, determined (in accordance with regulations which the Director shall prescribe) on the basis of the financial capability of a particular recipient of assistance under this section, to permit a lesser local contribution proportion than any required contribution proportion established by the Director in generally applicable regulations.”.
Sec. 5. Section 707 of the Older Americans Act of 1965 is amended

42 USC 3045f.

 by adding at the end thereof the following new subsections: “(d) In donating commodities pursuant to this section, the Secretary

Level of assistance.

 of Agriculture shall maintain an annually programed level of assistance of not less than 10 cents per meal: Provided, That this amount shall be adjusted on an annual basis each fiscal year after June 30, 1975, to reflect changes in the series for food away from home of the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor. Such adjustment shall be computed to the nearest one-fourth cent. Among the commodities delivered under this section, the Secretary shall give special emphasis to high protein foods, meat, and meat alternates. The Secretary of Agriculture, in consultation with the Commissioner, is authorized to prescribe the terms and conditions respecting the donating of commodities pursuant to this section, and, within ninety days after the date of enactment of this subsection (d), the Secretary of Agriculture shall issue regulations governing the donation of such commodities. “(e) The Secretary of Agriculture in consultation with the Commissioner

Food stamps, regulations.

 shall, within ninety days after the date of enactment of this subsection, issue regulations clarifying the use of food stamps under this title.”.
Approved July 12, 1974.
Public Law 93–352: To amend the Public Health Service Act to improve the national cancer program and to authorize appropriations for such program for the next three fiscal years. Public Law 352 88 Stat. 358 1974-07-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–352
An Act To amend the Public Health Service Act to improve the national cancer program and to authorize appropriations for such program for the next three fiscal years.

July 23, 1974

[S. 2893]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National cancer program, improvement.

National Cancer Act Amendments of 1974.

 <num value="I">TITLE I—</num> <heading class="inline">EXTENSION OF CANCER PROGRAM</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “National Cancer Act Amendments of 1974”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s282">42 USC 282 note</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau class="inline">Section 402(b) of the Public Health Service Act is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s282">42 USC 282</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>in amounts not to exceed $35,000</quotedText>” in paragraph (1) and inserting in lieu thereof “<quotedText>if the direct costs of such research and training do not exceed $35,000, but only</quotedText>”; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>in amounts exceeding $35,000</quotedText>” in para-<page identifier="/us/stat/88/359">88 <inline class="smallCaps">Stat</inline>. 359</page>graph (2) and inserting in lieu thereof “<quotedText>if the direct costs of such research and training exceed $35,000, but only</quotedText>”.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">Section 407(b)(4) of the Public Health Service Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286a">42 USC 286a</ref>.</p></sidenote> amended by striking out “<quotedText>all data</quotedText>” and inserting in lieu thereof “<quotedText>information (including information respecting nutrition programs for cancer patients and the relationship between nutrition and cancer)</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">Section 407(b)(7) of the Public Health Service Act is amended by striking out “<quotedText>where appropriate</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Section 407(b) (9) (A) of the Public Health Service Act is amended by inserting “<quotedText>(including an estimate of the number and type of personnel needed for the National Cancer Program)</quotedText>” after “budget estimate”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Section 408 (a) of the Public Health Service Act is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286b">42 USC 286b</ref>.</p></sidenote> by striking out “<quotedText>fifteen</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (a) of section 409 of the Public Health Service Act is amended by inserting before the period at the end <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286c">42 USC 286c</ref>.</p></sidenote> thereof a comma and the following: “<quotedText>including programs to provide appropriate trials of programs of routine exfoliative cytology tests conducted for the diagnosis of uterine cancer</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Subsection (b) of such section is amended by striking out “<quotedText>and</quotedText>” before “$40,000,000” and by inserting before the period at the end thereof a comma and the following: “<quotedText>$53,500,000 for the fiscal year ending June 30, 1975, $68,500,000 for the fiscal year ending June 30, 1976, and $88,500,000 for the fiscal year ending June 30, 1977</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <chapeau class="inline">Section 410 of the Public Health Service Act is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286d">42 USC 286d</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>fifty</quotedText>” in paragraph (1) and inserting in lieu thereof “<quotedText>one hundred</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText>and</quotedText>” at the end of paragraph (7);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out the period at the end of paragraph (8) and inserting in lieu thereof “<quotedText> ; and</quotedText>”;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">by adding after paragraph (8) the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">to award grants for new construction as well as alterations and renovations for improvement of basic research laboratory facilities, including those related to biohazard control, as deemed necessary for the National Cancer Program.”; and</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">by inserting “<quotedText>(a)</quotedText>” after “<quotedText>410.</quotedText>” and by adding after paragraph (9) the following new subsection:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Director of the National Cancer Institute shall provide <sidenote><p class="firstIndent1 fontsize8">Information dissemination program.</p></sidenote> and contract for a program to disseminate and interpret, on a current basis, for practitioners and other health professionals, scientists, and the general public scientific and other information respecting the cause, prevention, diagnosis, and treatment of cancer.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Director of the National Cancer Institute shall include <sidenote><p class="firstIndent1 fontsize8">Report.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286e">42 USC 286e</ref>.</p></sidenote> in the annual report required by section 410A(b) a report on the progress, activities, and accomplishments of, and expenditures for, the information services of the National Cancer Program.”</content> </paragraph> </subsection> </quotedContent> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <content class="inline">Section 410C of the Public Health Service Act is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286g">42 USC 286g</ref>.</p></sidenote> by striking out “<quotedText>and</quotedText>” before “$600,000,000” and by inserting before the period at the end thereof a semicolon and the following: “<quotedText>$750,000,000 for the fiscal year ending June 30, 1975; $830,000,000 for the fiscal year ending June 30, 1976; and $985,000,000 for the fiscal year ending June 30, 1977</quotedText>”.</content> </section> <page identifier="/us/stat/88/360">88 <inline class="smallCaps">Stat</inline>. 360</page> <section class="firstIndent1 fontsize10"> <num value="110"><inline class="smallCaps">Sec</inline>. 110. </num> <content class="inline">The part H of the Public Health Service Act relating to<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 135, 342.</p></sidenote> the appointment of the Directors of the National Institutes of Health and the National Cancer Institute is redesignated as part I, section 461 of such part is redesignated as section 471, and such part is amended by adding at the end the following new section: <quotedContent> <section> <heading class="smallCaps centered">“peer review of grant applications and contract projects</heading> <section class="firstIndent1 fontsize10"> <num value="472">“<inline class="smallCaps">Sec</inline>. 472. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary, after consultation with the Director of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–4">42 USC 289<i>l</i>–4</ref>.</p></sidenote> the National Institutes of Health, and, where appropriate, the Directors of the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse, shall by regulation require appropriate scientific peer review of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">applications made after the effective date of such regulations for grants under this Act for biomedical and behavioral research; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">biomedical and behavioral research and development contract projects to be administered after such effective date through an institute established under this title, the National Institute on Alcohol Abuse and Alcoholism, or the National Institute on Drug Abuse.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">Regulations promulgated under subsection (a) shall, to the extent practical, require that the review of grant applications required by the regulations be conducted—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">in a manner consistent with the system for scientific peer review applicable on the date of the enactment of this section to applications for grants under this Act for biomedical and behavioral research, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">by peer review groups performing such review on or before such date.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The members of any peer review group established under such regulations shall be individuals who by virtue of their training or experience are eminently qualified to perform the review functions of the group and not more than one-fourth of the members of any peer review group established under such regulations shall be officers or employees of the United States.”</content> </subsection> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="111"><inline class="smallCaps">Sec</inline>. 111. </num> <content class="inline">Section 301(h) of the Public Health Service Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s241">42 USC 241</ref>.</p></sidenote> amended by striking out “<quotedText>during the fiscal year ending June 30, 1966, and each of the eight succeeding fiscal years</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="112"><inline class="smallCaps">Sec</inline>. 112. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The first sentence of section 471 of the Public Health Service Act (as so redesignated by section 110) is amended to read as follows: “The Director of the National Institutes of Health shall be appointed by the President by and with the advice and consent of the Senate; and the Director of the National Cancer Institute shall be appointed by the President.”</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall apply with respect<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l">42 USC 289<i>l</i> note</ref>.</p></sidenote> to appointments to the office of Director of the National Institutes of Health made after the date of the enactment of this Act.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="113"><inline class="smallCaps">Sec</inline>. 113. </num> <content class="inline">Section 601 of the Medical Facilities Construction and Modernization Amendments of 1970 is amended by striking out “<quotedText>ending <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s201">42 USC 201 note</ref>.</p></sidenote> prior to July 1, 1974.</quotedText>”.</content> </section> 88 Stat. 361 <num value="II">TITLE II—</num> <heading class="inline">BIOMEDICAL RESEARCH</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is established the President’s Biomedical <sidenote><p class="firstIndent1 fontsize8">President’s Biomedical Research Panel.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s289l–1">42 USC 289<i>l</i>–1 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s286a">42 USC 286a</ref>.</p></sidenote> Research Panel (hereinafter in this section referred to as the “Panel”) which shall be composed of (A) the Chairman of the President’s Cancer Panel (established under section 407(c) of the Public Health Service Act); and (B) six members appointed by the President who by virtue of their training, experience, and background are exceptionally qualified to carry out the duties of the Panel. At least five of the members of the Panel shall be distinguished scientists or physicians. The appointed members of the Panel shall be appointed for the life of the Panel.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The President shall designate one of the appointed members to serve as Chairman of the Panel.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Appointed members of the Panel shall each be entitled to receive <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> the daily equivalent of the annual rate of basic pay in effect for grade GS–18 of the General Schedule for each day (including traveltime) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> during which they are engaged in the actual performance of duties vested in the Panel; and while away from their homes or regular places of business in the performance of services for the Panel, all members of the Panel shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Panel may appoint and fix the pay of such personnel as it deems necessary to carry out its duties.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The Panel shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">review and assess,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">identify and make recommendations with respect to policy issues concerning the subject and content of, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">identify and make recommendations with respect to policy issues concerning the organization and operation of,</content> </paragraph> <continuation class="inline">biomedical and behavioral research conducted and supported under programs of the National Institutes of Health and the National Institute of Mental Health.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Not later than the expiration of the 15-month period beginning <sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote> on the first day of the first month that follows the date on which all of the appointed members of the Panel have taken office, the Panel shall submit simultaneously to the President and to the Congress a comprehensive report of (A) its findings made on the basis of the review and assessment conducted under clause (1) of subsection (b). and (B) the policy issues identified under clauses (2) and (3) of such subsection and the Panel’s recommendations with respect to such issues.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Panel shall terminate upon the expiration of the 18-month <sidenote><p class="firstIndent1 fontsize8">Termination.</p></sidenote> period beginning on the first day of the first month that follows the date on which all of the appointed members of the Panel have taken office.</content> </paragraph> </subsection> </section> Approved July 23, 1974.
Public Law 93–353: To amend the Public Health Service Act to revise the programs of health services research and to extend the program of assistance for medical libraries. Public Law 353 88 Stat. 362 1974-07-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 362 Public Law 93–353
An Act To amend the Public Health Service Act to revise the programs of health services research and to extend the program of assistance for medical libraries.

July 23, 1974

[H. R. 11385]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Health Services Research, Health Statistics, and Medical Libraries Act of 1974.

42 USC 242b note.
Section 1. (a) This Act may be cited as the “Health Services Research, Health Statistics, and Medical Libraries Act of 1974”. (b) Unless the context otherwise requires, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Public Health Service Act.

42 USC 201 note.
<num value="I">TITLE I—</num> <heading class="inline">HEALTH SERVICES RESEARCH AND EVALUATION; HEALTH STATISTICS</heading> <sidenote><p class="firstIndent1 fontsize8">Health Services Research and Evaluation and Health Statistics Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “Health Services Research and Evaluation and Health Statistics Act of 1974”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242b">42 USC 242b note</ref>.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Sections 307, 312, 312a, 313, and 315 are repealed.<sidenote><p class="firstIndent1 fontsize8">Repeals.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 306 is amended (A) by striking out “<quotedText>Surgeon General</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242e/244/244a/245/247">42 USC 242e, 244, 244a, 245, 247</ref>.</p></sidenote> each place it appears and inserting in lieu thereof “<quotedText>Secretary</quotedText>”, (B) by striking out “<quotedText>309</quotedText>” each place it occurs in subsection (d) and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242d">42 USC 242d</ref>.</p></sidenote> inserting in lieu thereof “<quotedText>313</quotedText>”, and (C) by striking out subsection (e) and redesignating subsection (f) as subsection (e).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 306 as amended by paragraph (1) is transferred to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s244–1">42 USC 244–1</ref>.</p></sidenote> part B of title III, is redesignated section 312, and is inserted after section 311.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 309 is amended (A) by striking out “<quotedText>Surgeon General</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242g">42 USC 242g</ref>.</p></sidenote> each place it occurs and inserting in lieu thereof “<quotedText>Secretary</quotedText>”, and (B) by striking out “<quotedText>306(d)</quotedText>” and inserting in lieu thereof “<quotedText>312(d)</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 309, as amended by paragraph (1), is transferred to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s245a">42 USC 245a</ref>.</p></sidenote> part B of title III, is redesignated section 313, and is inserted immediately before section 314.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 310 is transferred to part B of title III, is redesignated<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s247d">42 USC 247d</ref>.</p></sidenote> section 319, and is inserted after section 318.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Section 310A is transferred to title II, is redesignated section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s235">42 USC 235</ref>.</p></sidenote> 226, and is inserted after section 225.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 310B is amended by striking out “<quotedText>304, 305,</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242j">42 USC 242j</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 310B, as amended by paragraph (1) is transferred to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s236">42 USC 236</ref>.</p></sidenote> title II, is redesignated section 227, and is inserted after section 226 (inserted by subsection (e) of this section).</content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <content class="inline">Section 304 is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242b">42 USC 242b</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“general authority respecting health statistics and health services research, evaluations, and demonstrations</heading> <section class="firstIndent1 fontsize10"> <num value="304">“<inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">undertake through the National Center for Health Services Research, the National Center for Health Statistics, and such other units of the Department of Health, Education, and Welfare as he may select, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">support,</content> </subparagraph> <continuation class="inline">health statistical activities and health services research, evaluation, and demonstrations.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">In carrying out paragraph (1), the Secretary shall give appropriate emphasis to research and statistical activities respecting—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the determinants of an individual’s health,</content> </subparagraph> <page identifier="/us/stat/88/363">88 <inline class="smallCaps">Stat</inline>. 363</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the impact of the environment on individual health and on health care,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">the accessibility, acceptability, planning, organization, technology, distribution, utilization, quality, and financing of systems for the delivery of health care, including systems for the delivery of preventive, personal, and mental health care, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">individual and community knowledge of individual health and the systems for the delivery of health care.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">To implement subsection (a), the Secretary may, in addition <sidenote><p class="firstIndent1 fontsize8">Additional authority.</p></sidenote> to any other authority which under other provisions of this Act or any other law may be used by him to implement such subsection, do the following:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">Utilize personnel and equipment, facilities, and other physical resources of the Department of Health, Education, and Welfare, permit appropriate (as determined by the Secretary) entities and individuals to utilize the physical resources of such Department, provide technical assistance and advice, make grants to public and nonprofit private entities and individuals, and enter into contracts with public and private entities and individuals, for (A) health services research, evaluation, and demonstrations, and (B) health services research and health statistics training, and (C) health statistical activities.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Admit and treat at hospitals and other facilities of the Service persons not otherwise eligible for admission and treatment at such facilities.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Secure, from time to time and for such periods as the <sidenote><p class="firstIndent1 fontsize8">Experts and consultants.</p></sidenote> Secretary deems advisable, the assistance and advice of experts and consultants from the United States or abroad.</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">Acquire, construct, improve, repair, operate, and maintain laboratory, research, and other necessary facilities and equipment, and such other real or personal property (including patents) as the Secretary deems necessary; and acquire, without regard to the Act of March 3, 1877 (40 U.S.C. 34), by lease or otherwise, through the Administrator of General Services, buildings or parts of buildings in the District of Columbia or communities located adjacent to the District of Columbia.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Secretary shall coordinate all health services research, <sidenote><p class="firstIndent1 fontsize8">Health services and statistical activities, coordination.</p></sidenote> evaluation, demonstration, and health statistical activities undertaken and supported through units of the Department of Health, Education, and Welfare. To the maximum extent feasible, such coordination shall be carried out through the National Center for Health Services Research and the National Center for Health Statistics.”</content> </subsection> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <content class="inline">Section 305 is amended to read as follows: <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242c">42 USC 242c</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“national center for health services research</heading> <section class="firstIndent1 fontsize10"> <num value="305">“<inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established in the Department of Health, <sidenote><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> Education, and Welfare the National Center for Health Services Research (hereinafter in this section referred to as the ‘Center’) which shall be under the direction of a Director who shall be appointed by the Secretary and supervised by the Assistant Secretary for Health (or such other officer of the Department as may be designated by the Secretary as the principal adviser to him for health programs).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">In carrying out section 304(a), the Secretary, acting through <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 362.</p></sidenote> the Center, may undertake and support research, evaluation, and demonstration projects (which may include and shall be appropriately coordinated with experiments and demonstration activities authorized by the Social Security Act and the Social Security Amendments of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305</ref>.</p></sidenote> 1967) respecting—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s302">42 USC 302 note</ref>.</p></sidenote></chapeau> <page identifier="/us/stat/88/364">88 <inline class="smallCaps">Stat</inline>. 364</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the accessibility, acceptability, planning, organization, distribution, technology, utilization, quality, and financing of health services and systems;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the supply and distribution, education and training, quality, utilization, organization, and costs of health manpower; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">the design, construction, utilization, organization, and cost of facilities and equipment.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">The Secretary shall afford appropriate consideration to requests of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">State, regional, and local health planning and health agencies,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">public and private entities and individuals engaged in the delivery of health care, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">other persons concerned with health services,</content> </paragraph> <continuation class="inline">to have the Center or other units of the Department of Health, Education, and Welfare undertake research, evaluations, and demonstrations respecting specific aspects of the matters referred to in subsection (b).</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Secretary shall, by grants or contracts, or both, assist<sidenote><p class="firstIndent1 fontsize8">New centers, grants to non-profit entities.</p></sidenote> public or private nonprofit entities in meeting the costs of planning and establishing new centers, and operating existing and new centers, for multidisciplinary health services, research, evaluations, and demonstrations respecting the matters referred to in subsection (b). To the extent practicable, the Secretary shall approve, in accordance with the requirements of this subsection and section 308, a number of applications <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 368.</p></sidenote> for grants and contracts under this subsection which will result in at least six of such centers (including two national special emphasis centers, one of which (to be designated as the Health Care<sidenote><p class="firstIndent1 fontsize8">Health Care Technology Center.</p></sidenote> Technology Center) shall focus on all forms of technology, including computers and electronic devices, and its applications in health care delivery; and one of which (to be designated as the Health Care Management <sidenote><p class="firstIndent1 fontsize8">Health Care Management Center.</p></sidenote> Center) shall focus on the improvement of management and organization in the health field, the training and retraining of administrators of health care enterprises, and the development of leaders, planners, and policy analysts in the health field) being operational in each fiscal year.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">No grant or contract may be made under this subsection<sidenote><p class="firstIndent1 fontsize8">Requirements for aid.</p></sidenote> for planning and establishing a center unless the Secretary determines that when it is operational it will meet the requirements listed in subparagraph (B) and no payment shall be made under a grant or contract for operation of a center unless the center meets such requirements.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The requirements referred to in subparagraph (A) are as follows:</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">There shall be a full-time director of the center who possesses a demonstrated capacity for sustained productivity and leadership in health services research, demonstrations, and evaluations, and there shall be such additional full-time professional staff as may be appropriate.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">The staff of the center shall represent all relevant disciplines.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">The center shall (I) be located within an established academic or research institution with departments and resources appropriate to the programs of the center, and (II) have working relationships with health service delivery systems where experiments in health services may be initiated and evaluated.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">The center shall select problems in health services for research, demonstrations, and evaluations on the basis of (I) their regional or national importance, (II) the unique potential<page identifier="/us/stat/88/365">88 <inline class="smallCaps">Stat</inline>. 365</page> for definitive research on the problem, and (III) opportunities for local application of the research findings.</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="v">“(v) </num> <content class="inline">Such additional requirements as the Secretary may by regulation prescribe.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The authority of the Secretary under section 304(b) shall be <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 362.</p></sidenote> available to him with respect to the undertaking and support of projects under subsections (b), (c), and (d) of this section.”</content> </subsection> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">The following new section is inserted in part A of title III after section 305: <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 363.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“national center for health statistics</heading> <section class="firstIndent1 fontsize10"> <num value="306">“<inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established in the Department of Health, <sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242k">42 USC 242k</ref>.</p></sidenote> Education, and Welfare the National Center for Health Statistics (hereinafter in this section referred to as the ‘Center’) which shall be under the direction of a Director who shall be appointed by the Secretary and supervised by the Assistant Secretary for Health (or such other officer of the Department as may be designated by the Secretary as the principal adviser to him for health programs).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">In carrying out section 304(a), the Secretary, acting through <sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote> the Center, may—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">collect statistics on—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the extent and nature of illness and disability of the population of the United States (or of any groupings of the people included in the population), including life expectancy, the incidence of various acute and chronic illnesses, and infant and maternal morbidity and mortality,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the impact of illness and disability of the population on the economy of the United States and on other aspects of the well-being of its population (or of such groupings),</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">environmental, social, and other health hazards,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">determinants of health,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">health resources, including physicians, dentists, nurses, and other health professionals by specialty and type of practice and the supply of services by hospitals, extended care facilities, home health agencies, and other health institutions,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content class="inline">utilization of health care, including utilization of (i) ambulatory health services by specialties and types of practice of the health professionals providing such services, and (ii) services of hospitals, extended care facilities, home health agencies, and other institutions,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="G">“(G) </num> <content class="inline">health care costs and financing, including the trends in health care prices and cost, the sources of payments for health care services, and Federal, State, and local governmental expenditures for health care services, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="H">“(H) </num> <content class="inline">family formation, growth, and dissolution; and</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">undertake and support (by grant or contract) research, demonstrations, and evaluations respecting new or improved methods for obtaining current data on the matters referred to in paragraph (1).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Center shall furnish such special statistical compilations <sidenote><p class="firstIndent1 fontsize8">Statistical compilations and surveys to congressional committees.</p></sidenote> and surveys as the Committee on Labor and Public Welfare and the Committee on Appropriations of the Senate and the Committee on Interstate and Foreign Commerce and the Committee on Appropriations of the House of Representatives may request. Such statistical compilations and surveys shall not be made subject to the payment of the actual or estimated cost of the preparation of such compilations and surveys.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">To insure comparability and reliability of health statistics. <sidenote><p class="firstIndent1 fontsize8">Technical aid to States and localities.</p></sidenote> the Secretary shall, through the Center, provide adequate technical<page identifier="/us/stat/88/366">88 <inline class="smallCaps">Stat</inline>. 366</page> assistance to assist State and local jurisdictions in the development of model laws dealing with issues of confidentiality and comparability of data.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Secretary shall (1) assist State and local health agencies, and Federal agencies involved in matters relating to health, in the design and implementation of a cooperative system for producing comparable and uniform health information and statistics at the Federal, State, and local levels; (2) coordinate the activities of such Federal agencies respecting the design and implementation of such cooperative system; (3) undertake and support (by grant or contract) research, development, demonstrations, and evaluations respecting such cooperative system; (4) provide the Federal share of the data collection costs under such system; and (5) review statistical activities of the Department of Health, Education, and Welfare to assure that they are consistent with such cooperative system.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">To assist, in carrying out this section, the Secretary shall<sidenote><p class="firstIndent1 fontsize8">Federal-state cooperation.</p></sidenote> cooperate and consult with the Departments of Commerce and Labor and any other interested Federal departments or agencies and with State and local health departments and agencies. For such purpose he shall utilize insofar as possible the services or facilities of any agency of the Federal Government and, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), of any appropriate State or other public agency, and may, without regard to such section, utilize the services or facilities of any private agency, organization, group, or individual, in accordance with written agreements between the head of such agency, organization, or group and the Secretary or between such individual and the Secretary. Payment, if any, for such services or facilities shall be made in such amounts as may be provided in such agreement.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">To secure uniformity in the registration and collection of<sidenote><p class="firstIndent1 fontsize8">Data collection forms.</p></sidenote> mortality, morbidity, and other health data, the Secretary shall prepare and distribute suitable and necessary forms for the collection and compilation of such data which shall be published as a part of the health reports published by the Secretary.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">There shall be an annual collection of data from the records<sidenote><p class="firstIndent1 fontsize8">Registration area records.</p></sidenote> of births, deaths, marriages, and divorces in registration areas. The data shall be obtained only from and restricted to such records of the States and municipalities which the Secretary, in his discretion, determines possess records affording satisfactory data in necessary detail and form. Each State or registration area shall be paid by the Secretary the Federal share of its reasonable costs (as determined by the Secretary) for collecting and transcribing (at the request of the Secretary and by whatever method authorized by him) its records for such data.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is established in the Office of the Secretary a committee<sidenote><p class="firstIndent1 fontsize8">United States National Committee on Vital and Health Statistics.</p></sidenote> to be known as the United States National Committee on Vital and Health Statistics (hereinafter in this subsection referred to as the ‘Committee’) which shall consist of fifteen members.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The members of the Committee shall be appointed by the<sidenote><p class="firstIndent1 fontsize8">Establishment; membership.</p></sidenote> Secretary from among persons who have distinguished themselves in the fields of health statistics, epidemiology, and the provision of health services. Except as provided in subparagraph (B) , members of the Committee shall be appointed for terms of three years.</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">Of the members first appointed—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">five shall be appointed for terms of one year,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">five shall be appointed for terms of two years, and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">five shall be appointed for terms of three years,</content> </clause> </subparagraph> <continuation class="inline">as designated by the Secretary at the time of appointment. Any member appointed to fill a vacancy occurring prior to the expiration<page identifier="/us/stat/88/367">88 <inline class="smallCaps">Stat</inline>. 367</page> of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office.</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Members of the Committee shall be compensated in accordance <sidenote><p class="firstIndent1 fontsize8">Compensation.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 369.</p></sidenote> with section 208 (c). </content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <chapeau class="inline">It shall be the function of the Committee to assist and <sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote> advise the Secretary—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">to delineate statistical problems bearing on health and health services which are of national or international interest;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">to stimulate studies of such problems by other organizations and agencies whenever possible or to make investigations of such problems through subcommittees;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to determine, approve, and revise the terms, definitions, classifications, and guidelines for assessing health status and health services, their distribution and costs, for use (i) within the Department of Health, Education, and Welfare, (ii) by all programs administered or funded by the Secretary, including the Federal-State-local cooperative health statistics system referred to in subsection (e), and (iii) to the extent possible as determined by the head of the agency involved, by the Veterans’ Administration, the Department of Defense, and other Federal agencies concerned with health and, health services;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">with respect to the design of and approval of health statistical and health information systems concerned with the collection, processing, and tribulation of health statistics within the Department of Health, Education, and Welfare;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">to review and comment on findings and proposals developed by other organizations and agencies and to make recommendations for their adoption or implementation by local, State, national, or international agencies;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="F">“(F) </num> <content class="inline">to cooperate with national committees of other countries and with the World Health Organization and other national agencies in the studies of problems of mutual interest; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="G">“(G) </num> <content class="inline">to issue an annual report on the state of the Nation’s health, its health services, their costs and distributions, and to make proposals for improvement of the Nation’s health Statistics and health information systems.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">In carrying out health statistical activities under this part, the Secretary shall consult with, and seek the advice of, the Committee and other appropriate professional advisory groups.”</content> </paragraph> </subsection> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Section 308 is redesignated as section 307 and is amended <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242f">42 USC 242f</ref>.</p></sidenote> to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“international cooperation</heading> <section class="firstIndent1 fontsize10"> <num value="307">“<inline class="smallCaps">Sec</inline>. 307. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the purpose of advancing the status of the health <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242l">42 USC 242<i>l</i></ref>.</p></sidenote> sciences in the United States and thereby the health of the American people), the Secretary may participate with other countries in cooperative endeavors in biomedical research and the health services research and statistical activities authorized by sections 304, 305, and 306. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 362, 363, 365.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">In connection with the cooperative endeavors authorized by subsection (a) , the Secretary may—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">make such use of resources offered by participating foreign countries as he may find necessary and appropriate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">establish and maintain fellowships m the United States and in participating foreign countries;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">make grants to public institutions or agencies and to nonprofit private institutions or agencies in the United States and in participating foreign countries for the purpose of establishing and maintaining the fellowships authorized by paragraph (2);</content> </paragraph> <page identifier="/us/stat/88/368">88 <inline class="smallCaps">Stat</inline>. 368</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">make grants or loans of equipment and materials, for use by public or nonprofit private institutions or agencies, or by individuals, in participating foreign countries;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">participate and otherwise cooperate in any international meetings, conferences, or other activities concerned with biomedical research, health services research, or health statistics;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">facilitate the interchange between the United States and<sidenote><p class="firstIndent1 fontsize8">Interchange of scientists and experts.</p></sidenote> participating foreign countries, and among participating foreign countries, of research scientists and experts who are engaged in experiments and programs of biomedical research, health services research, and health statistical activities, and in carrying out such purpose may pay per diem compensation, subsistence, and travel for such scientists and experts when away from their places of residence at rates not to exceed those provided in section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">procure, in accordance with section 3109 of title 5, United States Code, the temporary or intermittent services of experts or consultants.</content> </paragraph> </subsection> <continuation class="inline">The Secretary may not, in the exercise of his authority under this section, provide financial assistance for the construction of any facility in any foreign country.”.</continuation> </section> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part A of title III is amended by inserting after section 307 (as so redesignated) the following new sections:<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 367.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“general provisions respecting sections 304, 305, 306, and 307</heading> <sidenote><p class="firstIndent1 fontsize8">42 USC 242m.</p><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 362, 363, 365, 367.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="308">“<inline class="smallCaps">Sec</inline>. 308. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Not later than September 1 of each year, the Secretary shall make a report to Congress respecting (A) the administration of sections 304 through 307 during the preceding fiscal year, and (B) the current state and progress of health services research and health statistics.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The Secretary, acting through the National Center for Health<sidenote><p class="firstIndent1 fontsize8">Reports to President and Congress.</p></sidenote> Services Research and the National Center for Health Statistics, shall assemble and submit to the President and the Congress not later than September 1 of each year the following reports:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">A report on health care costs and financing. Such report shall include a description and analysis of the statistics collected under section 306(b) (1) (G).<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 365.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">A report on health resources. Such report shall include a description and analysis, by geographic area, of the statistics collected under section 306 (b) (1) (E).</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">A report on the utilization of health resources. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under section 306 (b) (1) (F).</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">A report on the health of the Nation’s people. Such report shall include a description and analysis, by age, sex, income, and geographic area, of the statistics collected under section 306(b) (1) (A).</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Office of Management and Budget may review any report<sidenote><p class="firstIndent1 fontsize8">OMB review.</p></sidenote> required by paragraph (1) or (2) of this subsection before its submission to Congress, but the Office may not revise any such report or delay its submission beyond the date prescribed for its submission, and may submit to Congress its comments respecting any such report.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No grant or contract may be made under section 304, 305,<sidenote><p class="firstIndent1 fontsize8">Application submittal.</p></sidenote> 306, or 307 unless an application therefor has been submitted to the Secretary in such form and manner, and containing such information, as the Secretary may by regulation prescribe.</content> </paragraph> <page identifier="/us/stat/88/369">88 <inline class="smallCaps">Stat</inline>. 369</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Each application submitted for a grant or contract under section <sidenote><p class="firstIndent1 fontsize8">Applicant review panel.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 362, 363.</p></sidenote> 304 or 305, in an amount exceeding $35,000 of direct costs and for a health services research, evaluation, or demonstration project, shall be submitted by the Secretary for review for scientific merit to a panel of experts appointed by him, from persons who are not officers or employees of the United States and who possess qualifications relevant to the project for which the application was made. A panel to which an application is submitted under this paragraph shall report its findings and recommendations respecting the application to the Secretary in such form and manner as the Secretary shall by regulation prescribe. <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 365.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">If an application is submitted under section 304, 305, or 306 for a grant or contract for a project for which a grant or contract may be made or entered into under another provision of this Act, such application may not be approved under section 304, 305, or 306 and funds appropriated under this section may not be obligated for such grant or contract. The applicant who submitted such application shall be notified of the other provision (or provisions) of this Act under which such application may be submitted.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The aggregate number of grants and contracts made or entered <sidenote><p class="firstIndent1 fontsize8">Limited grants.</p></sidenote> into under sections 304 and 305 for any fiscal year respecting a particular means of delivery of health services or another particular aspect of health services may not exceed twenty; and the aggregate amount of funds obligated under grants and contracts under such sections for any fiscal year respecting a particular means of delivery of health services or another particular aspect of health services may not exceed $5,000,000.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">No information obtained in the course of activities undertaken <sidenote><p class="firstIndent1 fontsize8">Information publication restrictions.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 367.</p></sidenote> or supported under section 304, 305, 306, or 307 may be used for any purpose other than the purpose for which it was supplied unless authorized under regulations of the Secretary; and (1) in the case of information obtained in the course of health statistical activities under section 304 or 306, such information may not be published or released in other form if the particular establishment or person supplying the information or described in it is identifiable unless such establishment or person has consented (as determined under regulations of the Secretary) to its publication or release in other form, and (2) in the case of information obtained in the course of health services research, evaluations, or demonstrations under section 304 or 305, such information may not be published or released in other form if the person who supplied the information or who is described in it is identifiable unless such person has consented (as determined under regulations of the Secretary) to its publication or release in other form.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Payments of any grant or under any contract under section <sidenote><p class="firstIndent1 fontsize8">Payment procedures.</p></sidenote> 304, 305, 306, or 307 may be made in advance or by way of reimbursement, and in such installments and on such conditions, as the Secretary deems necessary to carry out the purposes of such section.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The amounts otherwise payable to any person under a grant or contract made under section 304, 305, 306, or 307 shall be reduced by—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">amounts equal to the fair market value of any equipment or supplies furnished to such person by the Secretary for the purpose of carrying out the project with respect to which such grant or contract is made, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">amounts equal to the pay, allowances, traveling expenses, and related personnel expenses attributable to the performance of services by an officer or employee of the Government in connection with such project, if such officer or employee was assigned or detailed by the Secretary to perform such services,</content> </subparagraph> <continuation class="inline">but only if such person requested the Secretary to furnish such equipment or supplies, or such services, as the case may be.</continuation> </paragraph> </subsection> <page identifier="/us/stat/88/370">88 <inline class="smallCaps">Stat</inline>. 370</page> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">Contracts may be entered into under section 304, 305, or 306<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 362, 363, 365.</p></sidenote> without regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Secretary shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">publish, make available and disseminate, promptly in<sidenote><p class="firstIndent1 fontsize8">Research results, publication.</p></sidenote> understandable form and on as broad a basis as practicable, the results of health services research, demonstrations, and evaluations undertaken and supported under sections 304 and 305;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">make available to the public data developed in such research, demonstrations, and evaluations; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">provide indexing, abstracting, translating, publishing,<sidenote><p class="firstIndent1 fontsize8">Indexing, abstracting, and other services.</p></sidenote> and other services leading to a more effective and timely dissemination of information on health services research, demonstrations, and evaluations in health care delivery to public and private entities and individuals engaged in the improvement of health care delivery and the general public; and undertake programs to develop new or improved methods for making such information available.</content> </subparagraph> <continuation class="inline">Except as provided in subsection (d ) , the Secretary may not restrict the publication and dissemination of data from, and results of projects undertaken by, centers supported under section 305 (d).</continuation> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Secretary shall (A) take such action as may be necessary to assure that statistics developed under sections 304,305, and 306 are of high quality, timely, comprehensive as well as specific, standardized, and adequately analyzed and indexed, and (B) publish, make available, <sidenote><p class="firstIndent1 fontsize8">Statistics, publication.</p></sidenote> and disseminate such statistics on as wide a basis as is practicable.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except where the Secretary determines that unusual circumstances make a larger percentage necessary in order to effectuate the purposes of section 304, 305, or 306, a grant or contract under section 304, 305, or 306 with respect to any project for construction of a facility or for acquisition of equipment may not provide for payment of more than 50 per centum of so much of the cost of the facility or equipment as the Secretary determines is reasonably attributable to research, evaluation, or demonstration purposes.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Laborers and mechanics employed by contractors and subcontractors <sidenote><p class="firstIndent1 fontsize8">Laborers and mechanics, wage rate.</p></sidenote> in the construction of such a facility shall be paid wages at rates not less than those prevailing on similar work in the locality, as determined by the Secretary of Labor in accordance with the Act of March 3, 1931 (40 U.S.C. 267a–267a–5, known as the Davis-Bacon Act) ; and the Secretary of Labor shall have with respect to any labor<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a note</ref>.</p></sidenote> standards specified in this paragraph the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. Appendix) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/sII">5 USC app. II</ref>.</p><p class="firstIndent1 fontsize8">Regulations.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Such grants and contracts shall be subject to such additional requirements as the Secretary may by regulation prescribe.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">“(i) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For health service research, evaluation, and demonstration activities undertaken or supported under section 304 or 305, there are authorized to be appropriated $65,200,000 for the fiscal year ending June 30, 1975, and $80,000,000 for the fiscal year ending June 30, 1976. Of the funds appropriated under this paragraph for any fiscal year,<sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote> not less than 25 per centum of such funds shall be made available only for health services research, evaluation, and demonstration activities directly undertaken by the Secretary under such section.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">For health statistical activities undertaken or supported under section 304 or 306, there are authorized to be appropriated $30,000,000 for the fiscal year ending June 30, 1975, and $30,000,000 for the fiscal year ending June 30, 1976.</content> </paragraph> </subsection> </section> </section> <page identifier="/us/stat/88/371">88 <inline class="smallCaps">Stat</inline>. 371</page> <section> <heading class="smallCaps centered">“health conferences</heading> <section class="firstIndent1 fontsize10"> <num value="309">“<inline class="smallCaps">Sec</inline>. 309. </num> <content class="inline">A conference of the health authorities in and among the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242n">42 USC 242n</ref>.</p></sidenote> several States shall be called annually by the Secretary. Whenever in his opinion the interests of the public health would be promoted by a conference, the Secretary may invite as many of such health authorities and officials of other State or local public or private agencies, institutions, or organizations to confer as he deems necessary or groper. Upon the application of health authorities of five or more States it shall be the duty of the Secretary to call a conference of all State health authorities joining in the request. Each State represented at any conference shall be entitled to a single vote. Whenever at any such conference matters relating to mental health are to be discussed, the mental health authorities of the respective States shall be invited to attend.</content> </section> </section> <section> <heading class="smallCaps centered">“health education and information</heading> <section class="firstIndent1 fontsize10"> <num value="310">“<inline class="smallCaps">Sec</inline>. 310. </num> <content class="inline">From time to time the Secretary shall issue information <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2420">42 USC 2420</ref>.</p></sidenote> related to public health, in the form of publications or otherwise, for the use of the public, and shall publish weekly reports of health conditions in the United States and other countries and other pertinent health information for the use of persons and institutions concerned with health services.”</content> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The authorizations of appropriations provided by section 308 (i) <sidenote><p class="firstIndent1 fontsize8">Appropriation extension.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s242m">42 USC 242m note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 368.</p></sidenote> of the Public Health Service Act is extended for the fiscal year ending June 30, 1977, in the amounts authorized for the preceding fiscal year unless before June 30, 1976, Congress has passed legislation repealing this subsection.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subject to regulations of the President, lightkeepers, <sidenote><p class="firstIndent1 fontsize8">Former Lighthouse Service employees, medical service eligibility.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s253b">42 USC 253b</ref>.</p></sidenote> assistant lightkeepers, and officers and crews of vessels of the former Lighthouse Service, including any such persons who subsequent to June 30, 1939, were involuntarily assigned to other civilian duty in the Coast Guard, who were entitled to medical relief at hospitals and other stations of the Public Health Service prior to July 1, 1944, and who retired under the provisions of section 6 of the Act of June 20, 1918 (40 U.S.C. 763), shall be entitled to medical, surgical, and dental <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t33/s763">33 USC 763</ref>.</p></sidenote> treatment and hospitalization at hospitals and other stations of the Public Health Service.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Subsection (a) shall be effective from December 28, 1973. <sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote></content> </subsection> </section> <num value="II">TITLE II—</num> <heading class="inline">REVISION AND EXTENSION OF MEDICAL LIBRARY ASSISTANCE PROGRAMS</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Effective July 1, 1974, section 390 is amended by adding <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b</ref>.</p></sidenote> after subsection (b) the following new subsection: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">For the purpose of grants and contracts under sections 393, <sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–3/280b–8">42 USC 280b–3 to 280b–8</ref>.</p></sidenote> 394, 395, 396, and 397, there are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, and $20,000,000 for the fiscal year ending June 30, 1976.”</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The section heading for such section is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“declaration of policy, statement of purpose, and authorization of appropriations”.</heading> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The authorization of appropriations provided by section 390(c) <sidenote><p class="firstIndent1 fontsize8">Extension.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b note</ref>.</p><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> of the Public Health Service Act is extended for the fiscal year ending June 30, 1977, in the amount authorized for the preceding fiscal year<page identifier="/us/stat/88/372">88 <inline class="smallCaps">Stat</inline>. 372</page> unless before June 30, 1976, Congress has passed legislation repealing this subsection.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subsection (b) of section 390 is amended by striking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b</ref>.</p></sidenote> out paragraph (1) and by redesignating paragraphs (2) through (7) as paragraphs (1) through (6), respectively.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Section 391 is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–1">42 USC 280b–1</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting “<quotedText>and</quotedText>” at the end of paragraph (2),</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out paragraph (3), and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by redesignating clause (4) as paragraph (3).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Section 392(b) is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–2">42 USC 280b–2</ref>.</p></sidenote> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Board shall advise and assist the Secretary in the preparation of general regulations and with respect to policy matters arising in the administration of this part.”<sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote></content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Section 393 is repealed.<sidenote><p class="firstIndent1 fontsize8">42 USC 280b–3.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <chapeau class="inline">Section 397(b) is amended—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–8">42 USC 280b–8</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by inserting “<quotedText>and</quotedText>” at the end of paragraph (4),</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out “<quotedText> ; and</quotedText>” at the end of paragraph (5) and inserting in lieu thereof a period, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by striking out paragraph (6).</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">The first sentence of section 397(d) is repealed.<sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote></content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The first sentence of section 394(a) is repealed; and<sidenote><p class="firstIndent1 fontsize8">Repeals.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–4">42 USC 280b–4</ref>.</p></sidenote> the second sentence of such section is amended by striking out “<quotedText>Sums made available under this section shall be utilized by the Secretary in making</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390 (b) (1), the Secretary shall make</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first and second sentences of section 395 (a) are repealed;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–5">42 USC 280b–5</ref>.</p></sidenote> and the third sentence of such section is amended by striking out “<quotedText>Sums made available under this subsection shall be utilized by the Secretary to</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390 (b) (2), the Secretary shall</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The first and second sentences of section 395(b) are repealed; and the third sentence of such section is amended (A) by striking out “<quotedText>Sums made available under this subsection shall be utilized by the Secretary in making</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390(b) (3), the Secretary shall make</quotedText>”, and (B) by<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> striking out “<quotedText>entering into contracts</quotedText>” and inserting in lieu thereof “<quotedText>enter into contracts</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first sentence of section 396(b) is amended by striking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b‒7">42 USC 280b‒7</ref>.</p></sidenote> out “<quotedText>Sums made available under this section shall be utilized by the Secretary for making</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390 (b) (4), the Secretary shall make</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Clauses (A) , (B) , (C) , and (D) of section 396(b) are redesignated as clauses (1), (2), (3) ,and (4),respectively.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Subsection (a) of section 396 is repealed and subsections (b) and (c) of such section are redesignated as subsections (a) and (b) , respectively.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first sentence of section 397(a) is repealed; and the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–8">42 USC 280b–8</ref>.</p></sidenote> second sentence of such section is amended by striking out “<quotedText>Sums made available under this section shall be utilized by the Secretary, with the advice of the Board, to make</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390(b) (5), the Secretary, with the advice of the Board, shall make</quotedText>”.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The section heading for section 397 is amended by inserting “<quotedText><inline class="smallCaps">and contracts</inline></quotedText>” after “<inline class="smallCaps">grants</inline>”.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The first and second sentences of section 398(a) are repealed;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–9">42 USC 280b–9</ref>.</p></sidenote> and the third sentence of such section is amended by striking out “<quotedText>Sums made available under this section shall be utilized by the Secretary, with the advice of the Board, in making grants to, and enter-<page identifier="/us/stat/88/373">88 <inline class="smallCaps">Stat</inline>. 373</page>ing into appropriate contracts</quotedText>” and inserting in lieu thereof “<quotedText>To carry out the purposes of section 390(b) (6), the Secretary, with the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b</ref>.</p></sidenote> advice of the Board, shall make grants to, and enter into appropriate contracts</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Section 399b is repealed; and sections 394 through 399a <sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b–12">42 USC 280b–12</ref>.</p></sidenote> are redesignated as sections 393 through 399, respectively.</content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">The amendments made by sections 202, 203, and 204 shall <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s280b">42 USC 280b</ref>.</p></sidenote> apply with respect to appropriations under part J of the Public Health Service Act for fiscal years beginning after June 30, 1974.</content> </section> Approved July 23, 1974.
Public Law 93–354: To amend the Public Health Service Act to provide for greater and more effective efforts in research and public education with regard to diabetes mellitus. Public Law 354 88 Stat. 373 1974-07-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–354
An Act To amend the Public Health Service Act to provide for greater and more effective efforts in research and public education with regard to diabetes mellitus.

July 23, 1974

[S. 2830]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

National Diabetes Research and Education Act.
short title
Section 1. This Act may be cited as the “National Diabetes Mellitus Research and Education Act”.

42 USC 289c–2 note.
findings and declaration of purpose
Sec. 2. (a) The Congress makes the following findings:

42 USC 289c–2 note.

 (1) Diabetes mellitus is a major health problem in the United States which directly affects perhaps as many as ten million Americans and indirectly affects perhaps as many as fifty million Americans who will pass the tendency to develop diabetes mellitus to their children or grandchildren or to both. (2) Diabetes mellitus is a family of diseases that has an impact on virtually all biological systems of the human body. (3) Diabetes mellitus is the fifth leading cause of death from disease, and it is the second leading cause of new cases of blindness. (4) The severity of diabetes mellitus in children and most adolescents is greater than in adults, which in most cases involves greater problems in the management of the disease. (5) The complications of diabetes mellitus, particularly cardiovascular degeneration, lead to many other serious health problems. (6) Uncontrolled diabetes mellitus significantly decreases life expectancy. (7) There is convincing evidence that the known prevalence of diabetes mellitus has increased dramatically in the past decade. (8) The citizens of the United States should have a full understanding of the nature of the impact of diabetes mellitus. (9) The attainment of better methods of diagnosis and treatment of diabetes mellitus deserves the highest priority. (10) The establishment of regional diabetes research and training centers throughout the country is essential for the development of scientific information and appropriate therapies to deal with diabetes mellitus. (11) In order to provide for the most effective program against diabetes mellitus it is important to mobilize the resources of the National Institutes of Health as well as the public and private organizations capable of the necessary research and public education in the disease. 88 Stat. 374 (b) It is the purpose of this Act to— (1) expand the authority of the National Institutes of Health to advance the national attack on diabetes mellitus; and (2) as part of that attack, to establish a long-range plan to— (A) expand and coordinate the national research effort against diabetes mellitus; (B) advance activities of patient education, professional education, and public education which will alert the citizens of the United States to the early indications of diabetes mellitus; and (C) to emphasize the significance of early detection, proper control, and complications which may evolve from the disease.
diabetes plan
Sec. 3. (a) The Director of the National Institutes of Health shall,

National Commission on Diabetes.

Establishment.

42 USC 289c–2 note.

Membership.

 within sixty days of the date of the enactment of this section, establish a National Commission on Diabetes (hereinafter in this section referred to as the “Commission”). (b) The Commission shall be composed of seventeen members as follows: (1) The Directors of the seven Institutes referred to in subsection (e). (2) Six members appointed by the Secretary of Health, Education, and Welfare from scientists or physicians who are not in the employment of the Federal Government and who represent the various specialties and disciplines involving diabetes mellitus and related endocrine and metabolic diseases. (3) Four members appointed by the Secretary of Health, Education, and Welfare from the general public. At least two of the members appointed pursuant to this paragraph shall be diabetics or parents of diabetics. The members of the Commission shall select a chairman from among their own number. (c) The Commission may appoint an executive director and such

Director and personnel.

 additional personnel as it determines are necessary for the performance of the Commission’s functions. (d) Members of the Commission who are officers or employees of the

Compensation.

Federal Government shall serve as members of the Commission without compensation in addition to that received in their regular public employment. Members of the Commission who are not officers or employees of the Federal Government shall each receive the daily

5 USC 5332 note.

 equivalent of the rate in effect for grade GS-18 of the General Schedule for each day (including traveltime) they are engaged in the performance of their duties as members of the Commission. All members of

Travel expenses.

 the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Commission. (e) The Commission shall formulate a long-range plan to combat diabetes mellitus with specific recommendations for the utilization and organization of national resources for that purpose. Such a plan shall be based on a comprehensive survey investigating the magnitude of diabetes mellitus, its epidemiology, and its economic and social consequences and on an evaluation of available scientific information and the national resources capable of dealing with the problem. The plan shall include a plan for a coordinated research program encompassing programs of the National Institute of Arthritis, Metabolism, and Digestive Diseases, the National Eye Institute, the National Institute of Neurological Diseases, the National Heart and Lung Institute, the88 Stat. 375 National Institute of General Medical Sciences, the National Institute of Child Health and Human Development, and the National Institute of Dental Research, and other Federal and non-Federal programs. The coordinated research program shall provide for—

Investigation, studies and research programs.

 (1) investigation in the epidemiology, etiology, prevention, and control of diabetes mellitus, including investigation into the social, environmental, behavioral, nutritional, biological, and genetic determinants and influences involved in the epidemiology, etiology, prevention, and control of diabetes mellitus; (2) studies and research into the basic biological processes and mechanisms involved in the underlying normal and abnormal phenomena associated with diabetes mellitus, including abnormalities of the skin, cardiovascular system, kidneys, eyes, and nervous system, and evaluation of influences of other endocrine hormones on the etiology, treatment, and complications of diabetes mellitus; (3) research into the development, trial, and evaluation of techniques and drugs used in, and approaches to, the diagnosis, treatment, and prevention of diabetes mellitus; (4) establishment of programs that will focus and apply scientific and technological efforts involving biological, physical, and engineering science to all facets of diabetes mellitus; (5) establishment of programs for the conduct and direction of field studies, large-scale testing and evaluation, and demonstration of preventive diagnostic, therapeutic, rehabilitative, and control approaches to diabetes mellitus; (6) the education and training of scientists, clinicians, educators, and allied health personnel in the fields and specialties requisite to the conduct of programs respecting diabetes mellitus; (7) a system for the collection, analysis, and dissemination of all data useful in the prevention, diagnosis, and treatment of diabetes mellitus; (8) appropriate distribution of resources between basic and applied research. The long-range plan formulated under this subsection shall also include within its scope related endocrine and metabolic diseases and basic biological processes and mechanisms, the better understanding of which is essential to the solution of the problem of diabetes mellitus. (f) In the development of the long-range plan under subsection (e), attention shall be given to means to assure continued development of knowledge, and dissemination of such knowledge to the public, which would form the basis of future advances in the understanding, treatment, and control of diabetes mellitus. (g) The Commission may hold such hearings, take such testimony,

Hearings.

 and sit and act at such time and places as the Commission deems advisable to develop the long-range plan required by subsection (e). (h) (1) The Commission shall prepare for each of the Institutes

Budget estimates.

 whose programs are to be encompassed by the plan for a coordinated diabetes research program described in subsection (e) budget estimates for each Institute’s part of such program. The budget estimates shall be prepared for the fiscal year ending June 30, 1976, and for each of the next two fiscal years. (2) Within five days after the Budget for the fiscal year ending

Budget estimates from HEW, transmittal to congressional committees.

 June 30, 1976, and the Budget for each of the next two fiscal years is transmitted by the President to the Congress the Secretary shall transmit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Labor and Public Welfare88 Stat. 376 of the Senate, and the Committee on Interstate and Foreign Commerce of the House of Representatives an estimate of the amounts requested for each of the Institutes for diabetes research, and a comparison of such amounts with the budget estimates prepared by the Commission under paragraph (1). (i) (1) The Commission shall publish and transmit directly to the

Final report to Congress.

 Congress (without prior administrative approval) a final report within nine months after the date funds are first appropriated for the implementation of this section. Such report shall contain the long-range plan required by subsection (e), the budget estimates required by subsection (h), and any recommendations of the Commission for legislation. (2) The Commission shall cease to exist on the thirtieth day following

Termination.

 the date of the submission of its final report pursuant to paragraph (1) of this subsection. (j) There are authorized to be appropriated to carry out the purposes

Appropriation.

 of this section $1,000,000.
diabetes mellttus prevention and control programs
Sec. 4. Section 317 of the Public Health Service Act is amended—

42 USC 247b.

 (1) by striking out “communicable disease control” each place it occurs and inserting in lieu thereof “communicable and other disease control”; (2) by striking out “communicable diseases” in subsection (a) and inserting in lieu thereof “communicable or other diseases”; (3) by striking out “communicable disease program” in subsection (a) and inserting in lieu thereof “communicable or other disease control program”; (4) by striking out “communicable disease” in subsection (b) (2) (C) (i) and inserting in lieu thereof “communicable or other disease”; (5) by striking out “Rh disease,” in subsection (h) (1) and by inserting “diabetes mellitus and Rh disease and” before “tuberculosis” in that subsection; and (6) by striking out “COMMUNICABLE” in the section heading.
research and training centers ; diabetes coordinating committee and general authority
Sec. 5. (a) Part D of title IV of the Public Health Service Act is amended by adding at the end thereof the following new sections:
“diabetes research and training centers
“Sec. 435. (a) Consistent with applicable recommendations of the

42 USC 289c–2.

 National Commission on Diabetes, the Secretary shall provide for the development, or substantial expansion, of centers for research and training in diabetes mellitus and related endocrine and metabolic disorders. Each center developed or expanded under this section shall (1) utilize the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such research and training qualifications as may be prescribed by the Secretary; and (2) conduct (A) research in the diagnosis and treatment of diabetes mellitus and related endocrine and metabolic disorders and the complications resulting from such disease or disorders, (B) training programs for physicians and allied health personnel in current methods of diagnosis and treatment of such disease, disorders, and complications, and (C) information programs for physicians and allied health personnel who provide primary care for patients with such disease, disorders, or com-88 Stat. 377plications. Insofar as practicable, centers developed or expanded under this section shall be located geographically on the basis of population density throughout the United States and in environments with proven research capabilities. “(b) The Secretary shall evaluate on an annual basis the activities

Report to Congress.

 of centers developed or expanded under this section and shall report to the Congress (on or before June 30 of each year) the results of his evaluation. “(c) There are authorized to be appropriated to carry out this section

Appropriation.

 $8,000,000 for fiscal year ending June 30, 1975, $12,000,000 for fiscal year ending June 30, 1976, and $20,000,000 for fiscal year ending June 30, 1977.
“diabetes coordinating committee
“Sec. 436. For the purpose of—

Diabetes Mellitus Coordinating Committee.

Establishment.

42 USC 289c–3.

 “(1) better coordination of the total National Institutes of Health research activities relating to diabetes mellitus; and “(2) coordinating those aspects of all Federal health programs and activities relating to diabetes mellitus to assure the adequacy and technical soundness of such programs and activities and to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities, the Director of the National Institutes of Health shall establish a Diabetes Mellitus Coordinating Committee. The Committee shall be composed of the Directors (or their designated representatives) of each of the Institutes and divisions involved in diabetes-related research and shall include representation from all Federal departments and agencies whose programs involve health functions or responsibilities as determined by the Secretary. The Committee shall be chairman. chaired by the Director of the National Institutes of Health (or his designated representative). The Committee shall prepare a report as

Report.

 soon after the end of each fiscal year as possible for the Director of the National Institutes of Health detailing the work of the Committee in carrying out the coordinating activities described in paragraphs (1) and (2).”
(b) Section 434 of the Public Health Service Act is amended by

42 USC 289c–1.

 adding at the end the following new subsection: “(d) The Director of the National Institute of Arthritis, Metabolism, and Digestive Diseases, working through the Associate Director for Diabetes (if that position is established), shall (1) carry out programs of support for research and training in the diagnosis, prevention, and treatment of diabetes mellitus and related endocrine and metabolic diseases, and (2) establish programs of evaluation, planning, and dissemination of knowledge related to research and training in diabetes mellitus and related endocrine and metabolic diseases.”
associate director for diabetes
Sec. 6. The Secretary of Health, Education, and Welfare may establish

42 USC 289c–1a.

 within the National Institute of Arthritis, Metabolism, and Digestive Diseases the position of Associate Director for Diabetes who would report directly to the Director of the Institute and who, under the supervision of the Director of the Institute, would be responsible for programs with regard to diabetes mellitus within the Institute.
Approved July 23, 1974.
Public Law 93–355: To amend the Economic Opportunity Act of 1984 to provide for the transfer of the legal services program from the Office of Economic Opportunity to a Legal Services Corporation, and for other purposes. Public Law 355 88 Stat. 378 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 378 Public Law 93–355
An Act To amend the Economic Opportunity Act of 1984 to provide for the transfer of the legal services program from the Office of Economic Opportunity to a Legal Services Corporation, and for other purposes.

July 25, 1974

[H. R. 7824]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Legal Services Corporation Act of 1974.

42 USC 2996 note.

 be cited as the “Legal Services Corporation Act of 1974”.
Sec. 2. The Economic Opportunity Act of 1964 is amended by adding at the end thereof the following new title:

42 USC 2701 note.

 <num value="X">“TITLE X—</num> <heading class="inline">LEGAL SERVICES CORPORATION ACT</heading> <section> <heading class="smallCaps centered">“statement of findings and declaration of purpose</heading> <section class="firstIndent1 fontsize10"> <num value="1001">“<inline class="smallCaps">Sec</inline>. 1001. </num> <chapeau class="inline">The Congress finds and declares that—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996">42 USC 2996</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">there is a need to provide equal access to the system of justice in our Nation for individuals who seek redress of grievances;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">there is a need to provide high quality legal assistance to those who would be otherwise unable to afford adequate legal counsel and to continue the present vital legal services program;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">providing legal assistance to those who face an economic barrier to adequate legal counsel will serve best the ends of justice;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">for many of our citizens, the availability of legal services has reaffirmed faith in our government of laws;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">to preserve its strength, the legal services program must be kept free from the influence of or use by it of political pressures; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">attorneys providing legal assistance must have full freedom to protect the best interests of their clients in keeping with the Code of Professional Responsibility, the Canons of Ethics, and the high standards of the legal profession.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">“definitions</heading> <section class="firstIndent1 fontsize10"> <num value="1002">“<inline class="smallCaps">Sec</inline>. 1002. </num> <chapeau class="inline">As used in this title, the term—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996a">42 USC 2996a</ref>.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">‘Board’ means the Board of Directors of the Legal Services Corporation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">‘Corporation’ means the Legal Services Corporation established under this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">‘eligible client’ means any person financially unable to afford legal assistance;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">‘Governor’ means the chief executive officer of a State;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">‘legal assistance’ means the provision of any legal services consistent with the purposes and provisions of this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">‘recipient’ means any grantee, contractee, or recipient of financial assistance described in clause (A) of section 1006(a) (1) ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">‘staff attorney’ means an attorney who receives more than one-half of his annual professional income from a recipient organized solely for the provision of legal assistance to eligible clients under this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.</content> </paragraph> </section> </section> <page identifier="/us/stat/88/379">88 <inline class="smallCaps">Stat</inline>. 379</page> <section> <heading class="smallCaps centered">“establishment of corporation</heading> <section class="firstIndent1 fontsize10"> <num value="1003">“<inline class="smallCaps">Sec</inline>. 1003. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established in the District of Columbia a <sidenote><p class="firstIndent1 fontsize8">Legal Services Corporation.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996b">42 USC 2996b</ref>.</p></sidenote> private nonmembership nonprofit corporation, which shall be known as the Legal Services Corporation, for the purpose of providing financial support for legal assistance in noncriminal proceedings or matters to persons financially unable to afford legal assistance.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Corporation shall maintain its principal office in the District of Columbia and shall maintain therein a designated agent to accept service of process for the Corporation. Notice to or service upon the agent shall be deemed notice to or service upon the Corporation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Corporation, and any legal assistance program assisted <sidenote><p class="firstIndent1 fontsize8">Tax exemption.</p></sidenote> by the Corporation, shall be eligible to be treated as an organization described in section 170(c) (2) (B) of the Internal Revenue Code of 1954 and as an organization described in section 501(c)(3) of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s170">26 USC 170</ref>.</p></sidenote> Internal Revenue Code of 1954 which is exempt from taxation under <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501</ref>.</p></sidenote> section 501 (a) of such Code. If such treatments are conferred in accordance with the provisions of such Code, the Corporation, and legal assistance programs assisted by the Corporation, shall be subject to all provisions of such Code relevant to the conduct of organizations exempt from taxation.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“governing body</heading> <section class="firstIndent1 fontsize10"> <num value="1004">“<inline class="smallCaps">Sec</inline>. 1004. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Corporation shall have a Board of Directors <sidenote><p class="firstIndent1 fontsize8">Board of Directors, membership.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996c">42 USC 2996c</ref>.</p></sidenote> consisting of eleven voting members appointed by the President, by and with the advice and consent of the Senate, no more than six of whom shall be of the same political party. A majority shall be members of the bar of the highest court of any State, and none shall be a full-time employee of the United States.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The term of office of each member of the Board shall be three <sidenote><p class="firstIndent1 fontsize8">Term of office.</p></sidenote> years, except that five of the members first appointed, as designated by the President at the time of appointment, shall serve for a term of two years. Each member of the Board shall continue to serve until the successor to such member has been appointed and qualified. The term of initial members shall be computed from the date of the first meeting of the Board. The term of each member other than initial members shall be computed from the date of termination of the preceding term. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which such member’s predecessor was appointed shall be appointed for the remainder of such term. No member shall be reappointed to more than two consecutive terms immediately following such member’s initial term.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The members of the Board shall not, by reason of such membership, be deemed officers or employees of the United States.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The President shall select from among the voting members of <sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote> the Board a chairman, who shall serve for a term of three years. Thereafter the Board shall annually elect a chairman from among its voting members.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">A member of the Board may be removed by a vote of seven <sidenote><p class="firstIndent1 fontsize8">Removal.</p></sidenote> members for malfeasance in office or for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude, and for no other cause.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">Within six months after the first meeting of the Board, the <sidenote><p class="firstIndent1 fontsize8">Nine-member State advisory council, appointment.</p></sidenote> Board shall request the Governor of each State to appoint a nine-member advisory council for such State. A majority of the members of the advisory council shall be appointed, after recommendations have been received from the State bar association, from among the attorneys admitted to practice in the State, and the membership of the council shall be subject to annual reappointment. If ninety days have elapsed without such an advisory council appointed by the Governor,<page identifier="/us/stat/88/380">88 <inline class="smallCaps">Stat</inline>. 380</page> the Board is authorized to appoint such a council. The advisory council <sidenote><p class="firstIndent1 fontsize8">Violation notification.</p></sidenote> shall be charged with notifying the Corporation of any apparent violation of the provisions of this title and applicable rules, regulations, and guidelines promulgated pursuant to this title. The advisory<sidenote><p class="firstIndent1 fontsize8">Copy.</p></sidenote> council shall, at the same time, furnish a copy of the notification to any recipient affected thereby, and the Corporation shall allow such recipient a reasonable time (but in no case less than thirty days) to reply to any allegation contained in the notification.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">All meetings of the Board, of any executive committee of<sidenote><p class="firstIndent1 fontsize8">Open meetings.</p></sidenote> the Board, and of any advisory council established in connection with this title shall be open to the public, and any minutes of such public meetings shall be available to the public, unless the membership of such bodies, by two-thirds vote of those eligible to vote, determines that an executive session should be held on a specific occasion.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">“(h) </num> <content class="inline">The Board shall meet at least four times during each calendar<sidenote><p class="firstIndent1 fontsize8">Quarterly meetings.</p></sidenote> year.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“officers and employees</heading> <section class="firstIndent1 fontsize10"> <num value="1005">“<inline class="smallCaps">Sec</inline>. 1005. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Board shall appoint the president of the Corporation, <sidenote><p class="firstIndent1 fontsize8">President, appointment by Board.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996d">42 USC 2996d</ref>.</p></sidenote> who shall be a member of the bar of the highest court of a State and shall be a non-voting ex officio member of the Board, and such other officers as the Board determines to be necessary. No officer of the Corporation may receive any salary or other compensation for services from any source other than the Corporation during his period of employment by the Corporation, except as authorized by the Board. All officers shall serve at the pleasure of the Board.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The president of the Corporation, subject to general policies established by the Board, may appoint and remove such employees of the Corporation as he determines necessary to carry out the purposes of the Corporation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Corporation or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this title.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">No member of the Board may participate in any decision, action, or recommendation with respect to any matter which directly benefits such member or pertains specifically to any firm or organization with which such member is then associated or has been associated within a period of two years.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Officers and employees of the Corporation shall be compensated<sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5, United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/83/863">83 Stat. 863</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as otherwise specifically provided in this title, officers and employees of the Corporation shall not be considered officers or employees, and the Corporation shall not be considered a department, agency, or instrumentality, of the Federal Government.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Nothing in this title shall be construed as limiting the authority <sidenote><p class="firstIndent1 fontsize8">Budget , OMB review and comments.</p></sidenote> of the Office of Management and Budget to review and submit comments upon the Corporation’s annual budget request at the time it is transmitted to the Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">Officers and employees of the Corporation shall be considered officers and employees of the Federal Government for purposes of the following provisions of title 5, United States Code: subchapter I of chapter 81 (relating to compensation for work injuries) ; chapter 83 (relating to civil service retirement); chapter 87 (relating to life<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8101/8301">5 USC 8101, 8301</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8701">5 USC 8701</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s8901">5 USC 8901</ref>.</p></sidenote> insurance); and chapter 89 (relating to health insurance). The Corporation shall make contributions at the same rates applicable to agencies of the Federal Government under the provisions referred to in this subsection.</content> </subsection> <page identifier="/us/stat/88/381">88 <inline class="smallCaps">Stat</inline>. 381</page> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">The Corporation and its officers and employees shall be subject to the provisions of section 552 of title 5, United States Code (relating to freedom of information).</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“powers, duties, and limitations</heading> <section class="firstIndent1 fontsize10"> <num value="1006">“<inline class="smallCaps">Sec</inline>. 1006. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">To the extent consistent with the provisions of this <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996e">42 USC 2996e</ref>.</p></sidenote> title, the Corporation shall exercise the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (except for section 1005 (o) of title 29 of the District of <sidenote><p class="firstIndent1 fontsize8">D.C. Code 29–1001.</p></sidenote> Columbia Code). In addition, the Corporation is authorized—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">to provide financial assistance to qualified programs furnishing legal assistance to eligible clients, and to make grants to and contracts with—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">individuals, partnerships, firms, corporations, and nonprofit organizations, and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">State and local governments (only upon application by an appropriate State or local agency or institution and upon a special determination by the Board that the arrangements to be made by such agency or institution will provide services which will not be provided adequately through nongovernmental arrangements),</content> </clause> <continuation class="inline">for the purpose of providing legal assistance to eligible clients under this title, and (B) to make such other grants and contracts as are necessary to carry out the purposes and provisions of this title;</continuation> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">to accept in the name of the Corporation, and employ or dispose of in furtherance of the purposes of this title, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">to undertake directly and not by grant or contract, the following activities relating to the delivery of legal assistance—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">research,</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">training and technical assistance, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to serve as a clearinghouse for information.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Corporation shall have authority to insure the compliance of recipients and their employees with the provisions of this title and the rules, regulations, and guidelines promulgated pursuant to this title, and to terminate, after a hearing in accordance with section 1011, financial support to a recipient which fails to comply.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If a recipient finds that any of its employees has violated or <sidenote><p class="firstIndent1 fontsize8">Violations disciplinary action.</p></sidenote> caused the recipient to violate the provisions of this title or the rules, regulations, and guidelines promulgated pursuant to this title, the recipient shall take appropriate remedial or disciplinary action in accordance with the types of procedures prescribed in the provisions of section 1011.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Corporation shall not, under any provision of this title, interfere with any attorney in carrying out his professional responsibilities to his client as established in the Canons of Ethics and the Code of Professional Responsibility of the American Bar Association (referred to collectively in this title as ‘professional responsibilities’) or abrogate as to attorneys in programs assisted under this title the authority of a State or other jurisdiction to enforce the standards of professional responsibility generally applicable to attorneys in such jurisdiction. The Corporation shall ensure that activities under this title are carried out in a manner consistent with attorneys’ professional responsibilities.</content> </paragraph> <page identifier="/us/stat/88/382">88 <inline class="smallCaps">Stat</inline>. 382</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">No attorney shall receive any compensation, either directly or indirectly, for the provision of legal assistance under this title unless such attorney is admitted or otherwise authorized by law, rule, or regulation to practice law or provide such assistance m the jurisdiction where such assistance is initiated.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">The Corporation shall insure that (A) no employee of the<sidenote><p class="firstIndent1 fontsize8">Restrictions.</p></sidenote> Corporation or of any recipient (except as permitted by law in connection with such employee’s own employment situation), while carrying out legal assistance activities under this title, engage in, or encourage others to engage in, any public demonstration or picketing, boycott, or strike; and (B) no such employee shall, at any time, engage in, or encourage others to engage in, any of the following activities: (i) any rioting or civil disturbance, (ii) any activity which is in violation of an outstanding injunction of any court of competent jurisdiction, (iii) any other illegal activity, or (iv) any intentional identification of the Corporation or any recipient with any political activity prohibited by section 1007(a) (6). The Board, within ninety days after<sidenote><p class="firstIndent1 fontsize8">Rules and regulations.</p></sidenote> its first meeting, shall issue rules and regulations to provide for the enforcement of this paragraph and section 1007(a) (5), which rules shall include, among available remedies, provisions, in accordance with the types of procedures prescribed in the provisions of section 1011, for suspension of legal assistance supported under this title, suspension of an employee of the Corporation or of any employee of any recipient by such recipient, and, after consideration of other remedial measures and after a hearing in accordance with section 1011, the termination of such assistance or employment, as deemed appropriate for the violation in question.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">In areas where significant numbers of eligible clients speak a language other than English as their principal language, the Corporation shall, to the extent feasible, provide that their principal language is used in the provision of legal assistance to such clients under this title.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <chapeau class="inline">The Corporation shall not itself—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">participate in litigation on behalf of clients other than the Corporation; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative bodies, except that personnel of the Corporation may testify or make other appropriate communication (A) when formally requested to do so by a legislative body, a committee, or a member thereof, or (B) in connection with legislation or appropriations directly affecting the activities of the Corporation.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No part of the income or assets of the Corporation shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Neither the Corporation nor any recipient shall contribute or make available corporate funds or program personnel or equipment to any political party or association, or the campaign of any candidate for public or party office.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">Neither the Corporation nor any recipient shall contribute or make available corporate funds or program personnel or equipment for use in advocating or opposing any ballot measures, initiatives, or referendums. However, an attorney may provide legal advice and representation as an attorney to any eligible client with respect to such client’s legal rights.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">No class action suit, class action appeal, or amicus curiae class action may be undertaken, directly or through others, by a staff attor-<page identifier="/us/stat/88/383">88 <inline class="smallCaps">Stat</inline>. 383</page>ney, except with the express approval of a project director of a recipient in accordance with policies established by the governing body of such recipient.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Employees of the Corporation or of recipients shall not at any time intentionally identify the Corporation or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Employees of the Corporation shall be deemed to be State or local employees for purposes of chapter 1.5 of title 5, United States Code. <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s1501">5 USC 1501</ref>.</p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">If an action is commenced by the Corporation or by a recipient and a final order is entered in favor of the defendant and against the Corporation or a recipient’s plaintiff, the court may, upon motion by the defendant and upon a finding by the court that the action was commenced or pursued for the sole purpose of harassment of the defendant or that the Corporation or a recipient’s plaintiff maliciously abused legal process, enter an order (which shall be appealable before being made final) awarding reasonable costs and legal fees incurred by the defendant in defense of the action, except when in contravention of a State law, a rule of court, or a statute of general applicability. Any such costs and fees shall be directly paid by the Corporation.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“grants and contracts</heading> <section class="firstIndent1 fontsize10"> <num value="1007">“<inline class="smallCaps">Sec</inline>. 1007. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">With respect to grants or contracts in connection <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996f">42 USC 2996f</ref>.</p></sidenote> with the provision of legal assistance to eligible clients under this title, the Corporation shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">insure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment in furnishing legal assistance to eligible clients;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">establish, in consultation with the Director of the <sidenote><p class="firstIndent1 fontsize8">Maximum income levels, determination.</p></sidenote> Office of Management and Budget and with the Governors of the several States, maximum income levels (taking into account family size, urban and rural differences, and substantial cost-of-living variations) for individuals eligible for legal assistance under this title;</content> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">establish guidelines to insure that eligibility of clients <sidenote><p class="firstIndent1 fontsize8">Eligibility guidelines.</p></sidenote> will be determined by recipients on the basis of factors which include—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the liquid assets and income level of the client,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the fixed debts, medical expenses, and other factors which affect the client’s ability to pay,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">the cost of living in the locality, and</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">such other factors as relate to financial inability to afford legal assistance, which shall include evidence of a prior determination, which shall be a disqualifying factor, that such individual’s lack of income results from refusal or unwillingness, without good cause, to seek or accept an employment situation; and</content> </clause> </subparagraph> <subparagraph class="indent0 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">establish priorities to insure that persons least able to <sidenote><p class="firstIndent1 fontsize8">Priorities.</p></sidenote> afford legal assistance are given preference in the furnishing of such assistance;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">insure that grants and contracts are made so as to provide the most economical and effective delivery of legal assistance to persons in both urban and rural areas;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">insure that attorneys employed full time in legal assistance activities supported in major part by the Corporation refrain<page identifier="/us/stat/88/384">88 <inline class="smallCaps">Stat</inline>. 384</page> from (A) any compensated outside practice of law, and (B) any uncompensated outside practice of law except as authorized in guidelines promulgated by the Corporation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <chapeau class="inline">insure that no funds made available to recipients by the Corporation shall be used at any time, directly or indirectly, to influence the issuance, amendment, or revocation of any executive order or similar promulgation by any Federal, State, or local agency, or to undertake to influence the passage or defeat of any legislation by the Congress of the United States, or by any State or local legislative bodies, except where—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">representation by an attorney as an attorney for any eligible client is necessary to the provision of legal advice and representation with respect to such client’s legal rights and responsibilities (which shall not be construed to permit a recipient or an attorney to solicit a client for the purpose of making such representation possible, or to solicit a group with respect to matters of general concern to a broad class of persons as distinguished from acting on behalf of any particular client) ; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">a governmental agency, a legislative body, a committee, or a member thereof requests personnel of any recipient to make representations thereto;</content> </subparagraph> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau class="inline">insure that all attorneys engaged in legal assistance activities <sidenote><p class="firstIndent1 fontsize8">Restrictions on legal assistance attorneys.</p></sidenote> supported in whole or in part by the (Corporation refrain, while so engaged, from—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">any political activity, or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">any activity to provide voters or prospective voters with transportation to the polls or provide similar assistance in connection with an election (other than legal advice and representation), or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">any voter registration activity (other than legal advice and representation);</content> </subparagraph> <continuation class="inline">and insure that staff attorneys refrain at any time during the period for which they receive compensation under this title from the activities described in clauses (B) and (C) of this paragraph and from political activities of the type prohibited by section 1502(a) of title 5, United States Code, whether partisan or nonpartisan;</continuation> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">require recipients to establish guidelines, consistent with<sidenote><p class="firstIndent1 fontsize8">Review of appeals, guidelines, establishment.</p></sidenote> regulations promulgated by the Corporation, for a system for review of appeals to insure the efficient utilization of resources and to avoid frivolous appeals (except that such guidelines or regulations shall in no way interfere with attorneys’ professional responsibilities);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">insure that recipients solicit the recommendations of the organized bar in the community being served before filling staff attorney positions in any project funded pursuant to this title and give preference in filling such positions to qualified persons who reside in the community to be served;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">insure that every grantee, contractor, or person or entity receiving financial assistance under this title or predecessor authority under this Act which files with the Corporation a timely application for refunding is provided interim funding necessary to maintain its current level of activities until (A) the application for refunding has been approved and funds pursuant thereto received, or (B) the application for refunding has been finally denied in accordance with section 1011 of this Act; and<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 388.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">“(10) </num> <content class="inline">insure that all attorneys, while engaged in legal assistance activities supported in whole or in par t by the Corporation, refrain from the persistent incitement of litigation and any other<page identifier="/us/stat/88/385">88 <inline class="smallCaps">Stat</inline>. 385</page> activity prohibited by the Canons of Ethics and Code of Professional Responsibility of the American Bar Association, and insure that such attorneys refrain from personal representation for a private fee in any cases in which they were involved while engaged in such legal assistance activities.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <chapeau class="inline">No funds made available by the Corporation under this title, <sidenote><p class="firstIndent1 fontsize8">Funds, limitations.</p></sidenote> either by grant or contract, may be used—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to provide legal assistance with respect to any fee-generating case (except in accordance with guidelines promulgated by the Corporation), to provide legal assistance with respect to any criminal proceeding, or to provide legal assistance in civil actions to persons who have been convicted of a criminal charge where the civil action arises out of alleged acts or failures to act and the action is brought against an officer of the court or against a law enforcement official for the purpose of challenging the validity of the criminal conviction;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">for any of the political activities prohibited in paragraph (6) of subsection (a) of this section ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">to make grants to or enter into contracts with any private law firm which expends 50 percent or more of its resources and time litigating issues in the broad interests of a majority of the public;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">to provide legal assistance under this title to any unemancipated person of less than eighteen years of age, except (A) with the written request of one of such person’s parents or guardians, (B) upon the request of a court of competent jurisdiction, (C) in child abuse cases, custody proceedings, persons in need of supervision (PINS) proceedings, or cases involving the initiation, continuation, or conditions of institutionalization, or (D) where necessary for the protection of such person for the purpose of securing, or preventing the loss of, benefits, or securing, or preventing the loss or imposition of, services under law in cases not involving the child’s parent or guardian as a defendant or respondent;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">to support or conduct training programs for the purpose of advocating particular public policies or encouraging political activities, labor or antilabor activities, boycotts, picketing, strikes, and demonstrations, as distinguished from the dissemination of information about such policies or activities, except that this provision shall not be construed to prohibit the training of attorneys or paralegal personnel necessary to prepare them to provide adequate legal assistance to eligible clients;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">to organize, to assist to organize, or to encourage to organize, or to plan for the creation or formation of, or the structuring of, any organization, association, coalition, alliance, federation, confederation, or any similar entity, except for the provision of legal assistance to eligible clients in accordance with guidelines promulgated by the Corporation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">to provide legal assistance with respect to any proceeding or litigation relating to the desegregation of any elementary or secondary school or school system;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">“(8) </num> <content class="inline">to provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion, contrary to the religious beliefs or moral convictions of such individual or institution; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">to provide legal assistance with respect to any proceeding or litigation arising out of a violation of the Military Selective Service Act or of desertion from the Armed Forces of the United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s451">50 USC app. 451</ref>.</p></sidenote> States.</content> </paragraph> </subsection> <page identifier="/us/stat/88/386">88 <inline class="smallCaps">Stat</inline>. 386</page> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">In making grants or entering into contracts for legal assistance, <sidenote><p class="firstIndent1 fontsize8">Governing board, membership.</p></sidenote> the Corporation shall insure that any recipient organized solely for the purpose of providing legal assistance to eligible clients is governed by a body at least 60 percent of which consists of attorneys who are members of the bar of a State in which the legal assistance is to be provided (except that the (Corporation (1) shall, upon application, grant waivers to permit a legal services program, supported under section 222(a) (3) of the Economic Opportunity Act of 1964, which<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 390.</p></sidenote> on the date of enactment of this title has a majority of persons who are not attorneys on its policy-making board to continue such a non-attorney majority under the provisions of this title, and (2) may grant, pursuant to regulations issued by the Corporation, such a waiver for recipients which, because of the nature of the population they serve, are unable to comply with such requirement) and which include at least one individual eligible to receive legal assistance under this title. Any such attorney, while serving on such board, shall not receive compensation from a recipient.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">The Corporation shall monitor and evaluate and provide for<sidenote><p class="firstIndent1 fontsize8">Program evaluation.</p></sidenote> independent evaluations of programs supported in whole or in part under this title to insure that the provisions of this title and the bylaws of the Corporation and applicable rules, regulations, and guidelines promulgated pursuant to this title are carried out.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The president of the Corporation is authorized to make grants and enter into contracts under this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <content class="inline">At least thirty days prior to the approval of any grant application <sidenote><p class="firstIndent1 fontsize8">Grant approval, public notification.</p></sidenote> or prior to entering into a contract or prior to the initiation of any other project, the Corporation shall announce publicly, and shall notify the Governor and the State bar association of any State where legal assistance will thereby be initiated, of such grant, contract, or project. Notification shall include a reasonable description of the grant application or proposed contract or project and request comments and recommendations.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">“(g) </num> <content class="inline">The Corporation shall provide for comprehensive, independent<sidenote><p class="firstIndent1 fontsize8">Staff-attorney program, study.</p></sidenote> study of the existing staff-attorney program under this Act and, through the use of appropriate demonstration projects, of alternative and supplemental methods of delivery of legal services to eligible clients, including judicare, voucher’s, prepaid legal insurance, and contracts with law firms; and, based upon the results of such study, shall make recommendations to the President and the Congress, not later than two years after the first meeting of the Board, concerning improvements, changes, or alternative methods for the economical and effective delivery of such services.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“records and reports</heading> <section class="firstIndent1 fontsize10"> <num value="1008">“<inline class="smallCaps">Sec</inline>. 1008. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Corporation is authorized to require such<sidenote><p class="firstIndent1 fontsize8">42 USC 2996g.</p></sidenote> reports as it deems necessary from any grantee, contractor, or person or entity receiving financial assistance under this title regarding activities carried out pursuant to this title.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Corporation is authorized to prescribe the keeping of records with respect to funds provided by grant or contract and shall have access to such records at all reasonable times for the purpose of insuring compliance with the grant or contract or the terms and conditions upon which financial assistance was provided.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Corporation shall publish an annual report which shall be<sidenote><p class="firstIndent1 fontsize8">Annual report to President and Congress.</p></sidenote> filed by the Corporation with the President and the Congress.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Copies of all reports pertinent to the evaluation, inspection, or monitoring of any grantee, contractor, or person or entity receiving financial assistance under this title shall be submitted on a timely basis to such grantee, contractor, or person or entity, and shall be maintained<page identifier="/us/stat/88/387">88 <inline class="smallCaps">Stat</inline>. 387</page> in the principal office of the Corporation for a period of at least five years subsequent to such evaluation, inspection, or monitoring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to interested parties upon payment of such reasonable fees as the Corporation may establish.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">The Corporation shall afford notice and reasonable opportunity <sidenote><p class="firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> for comment to interested parties prior to issuing rules, regulations, and guidelines, and it shall publish in the Federal Register at least 30 days prior to their effective date all its rules, regulations, guidelines, and instructions.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“audits</heading> <section class="firstIndent1 fontsize10"> <num value="1009">“<inline class="smallCaps">Sec</inline>. 1009. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The accounts of the Corporation shall be audited <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996h">42 USC 2996h</ref>.</p></sidenote> annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to any such person.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The report of the annual audit shall be filed with the General <sidenote><p class="firstIndent1 fontsize8">Audit report, submittal to GAO.</p></sidenote> Accounting Office and shall be available for public inspection during business hours at the principal office of the Corporation.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In addition to the annual audit, the financial transactions <sidenote><p class="firstIndent1 fontsize8">GAO audit.</p></sidenote> of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the General Accounting Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Any such audit shall be conducted at the place or places where <sidenote><p class="firstIndent1 fontsize8">Records, accessibility.</p></sidenote> accounts of the Corporation are normally kept. The representatives of the General Accounting Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audit; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to such representatives. All such books, accounts, financial records, reports, files, and other papers or property of the Corporation shall remain in the possession and custody of the Corporation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">A report of such audit shall be made by the Comptroller General <sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p></sidenote> to the Congress and to the President, together with such recommendations with respect thereto as he shall deem advisable.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Corporation shall conduct, or require each grantee, contractor, or person or entity receiving financial assistance under this title to provide for, an annual financial audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the Corporation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Corporation shall submit to the Comptroller General of the United States copies of such reports, and the Comptroller General may, in addition, inspect the books, accounts, financial records, files, and other papers or property belonging to or in use by such grantee, contractor, or person or entity, which relate to the disposition or use of funds received from the Corporation. Such audit reports shall be <sidenote><p class="firstIndent1 fontsize8">Audit reports, public inspection.</p></sidenote> available for public inspection, during regular business hours, at the principal office of the Corporation.</content> </paragraph> </subsection> <page identifier="/us/stat/88/388">88 <inline class="smallCaps">Stat</inline>. 388</page> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">Notwithstanding the provisions of this section or section 1008,<sidenote><p class="firstIndent1 fontsize8">Attorney-client privilege.</p></sidenote> neither the Corporation nor the Comptroller General shall have access to any reports or records subject to the attorney-client privilege.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“financing</heading> <section class="firstIndent1 fontsize10"> <num value="1010">“<inline class="smallCaps">Sec</inline>. 1010. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There are authorized to be appropriated for the<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996i">42 USC 2996i</ref>.</p></sidenote> purpose of carrying out the activities of the Corporation, $90,000,000 for fiscal year 1975, $100,000,000 for fiscal year 1976, and such sums as may be necessary for fiscal year 1977. The first appropriation may be made available to the Corporation at any time after six or more members of the Board have been appointed and qualified. Appropriations shall be for not more than two fiscal years, and, if for more than one year, shall be paid to the Corporation in annual installments at the beginning of each fiscal year in such amounts as may be specified in appropriation Acts.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Funds appropriated pursuant to this section shall remain<sidenote><p class="firstIndent1 fontsize8">Funds, availability.</p></sidenote> available until expended.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">Non-Federal funds received by the Corporation, and funds<sidenote><p class="firstIndent1 fontsize8">Non-Federal funds.</p></sidenote> received by any recipient from a source other than the Corporation, shall be accounted for and reported as receipts and disbursements separate and distinct from Federal funds; but any funds so received for the provision of legal assistance shall not be expended by recipients for any purpose prohibited by this title, except that this provision shall not be construed to prevent recipients from receiving other public funds or tribal funds (including foundation funds benefiting Indians or Indian tribes) and expending them in accordance with the purposes for which they are provided, or to prevent contracting or making other arrangements with private attorneys, private law firms, or other State or local entities of attorneys, or with legal aid societies having separate public defender programs, for the provision of legal assistance to eligible clients under this title.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“special limitations</heading> <section class="firstIndent1 fontsize10"> <num value="1011">“<inline class="smallCaps">Sec</inline>. 1011. </num> <chapeau class="inline">The Corporation shall prescribe procedures to insure<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996j">42 USC 2996j</ref>.</p></sidenote> that—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">financial assistance under this title shall not be suspended unless the grantee, contractor, or person or entity receiving financial assistance under this title has been given reasonable notice and opportunity to show cause why such action should not be taken; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">financial assistance under this title shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this title has been afforded reasonable notice and opportunity for a timely, full, and fair hearing.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">“coordination</heading> <section class="firstIndent1 fontsize10"> <num value="1012">“<inline class="smallCaps">Sec</inline>. 1012. </num> <content class="inline">The President may direct that appropriate support functions <sidenote><p class="firstIndent1 fontsize8">Support functions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996k">42 USC 2996k</ref>.</p></sidenote> of the Federal Government may be made available to the Corporation in carrying out its activities under this title, to the extent not inconsistent with other applicable law.</content> </section> </section> <section> <heading class="smallCaps centered">“right to repeal, alter, or amend</heading> <section class="firstIndent1 fontsize10"> <num value="1013">“<inline class="smallCaps">Sec</inline>. 1013. </num> <content class="inline">The right to repeal, alter, or amend this title at any<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996l">42 USC 2996<i>l</i></ref>.</p></sidenote> time is expressly reserved.</content> </section> </section> <page identifier="/us/stat/88/389">88 <inline class="smallCaps">Stat</inline>. 389</page> <section> <heading class="smallCaps centered">“short title</heading> <section class="firstIndent1 fontsize10"> <num value="1014">“<inline class="smallCaps">Sec</inline>. 1014. </num> <content class="inline">This title may be cited as the ‘Legal Services Corporation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2996">42 USC 2996 note</ref>.</p></sidenote> Act’.”. </content> </section> </section>
transition provisions
Sec. 3. (a) Notwithstanding any other provision of law, effective

42 USC 2996b note.

 ninety days after the date of the first meeting of the Board of Directors of the Legal Services Corporation established under the Legal Services Corporation Act (title X of the Economic Opportunity Act of 1964, as added by this Act) , the Legal Services Corporation

Ante, p. 378.

 shall succeed to all rights of the Federal Government to capital equipment in the possession of legal services programs or activities assisted pursuant to section 222(a) (3), 230,232, or any other provision of the Economic Opportunity Act of 1964.

42 USC 2809, 2823, 2825.

 (b) Within ninety days after the first meeting of the Board, all assets, liabilities, obligations, property, and records as determined by the Director of the Office of Management and Budget, in consultation with the Director of the Office of Economic Opportunity or the head of any successor authority, to be employed directly or held or used primarily, in connection with any function of the Director of the Office of Economic Opportunity or the head of any successor authority in carrying out legal services activities under the Economic Opportunity Act of 1964, shall be transferred to the Corporation. Personnel transferred

42 USC 2701 note.

 to the Corporation from the Office of Economic Opportunity or any successor authority shall be transferred in accordance with applicable laws and regulations, and shall not be reduced in compensation for one year after such transfer, except for cause. The Director of the Office of Economic Opportunity or the head of any successor authority shall take whatever action is necessary and reasonable to seek suitable employment for personnel who do not transfer to the Corporation. (c) Collective-bargaining agreements in effect on the date of enactment of this Act covering employees transferred to the Corporation shall continue to be recognized by the Corporation until the termination date of such agreements, or until mutually modified by the parties. (d) (1) Notwithstanding any other provision of law, the Director

CEO Director, assistance.

 of the Office of Economic Opportunity or the head of any successor authority shall take such-action as may be necessary, in cooperation with the president of the Legal Services Corporation, including the provision (by grant or otherwise) of financial assistance to recipients and the Corporation and the furnishing of services and facilities to the Corporation— (A) to assist the Corporation in preparing to undertake, and in the initial undertaking of, its responsibilities under this title; (B) out of appropriations available to him, to make funds available to meet the organizational and administrative expenses of the Corporation ; (C) within ninety days after the first meeting of the Board, to transfer to the Corporation all unexpended balances of funds appropriated for the purpose of carrying out legal services programs and activities under the Economic Opportunity Act of 1964 or successor authority; and (D) to arrange for the orderly continuation by such Corporation of financial assistance to legal services programs and activities assisted pursuant to the Economic Opportunity Act of 1964 or successor authority. Whenever the Director of the Office of Economic Opportunity or the head of any successor authority determines that an obligation to provide financial assistance pursuant to any contract or grant for such88 Stat. 390 legal services will extend beyond six months after the date of enactment of this Act, he shall include, in any such contract or grant, provisions to assure that the obligation to provide such financial assistance may be assumed by the Legal Services Corporation, subject to such modifications of the terms and conditions of such contract or grant as the Corporation determines to be necessary. (2) Section 222(a)(3) of the Economic Opportunity Act of 1964

Repeal; effective date.

42 USC 2809 and note.

 is repealed, effective ninety days after the first meeting of the Board of Directors of the Legal Services Corporation. (e) There are authorized to be appropriated for the fiscal year ending

Appropriation.

42 USC 2996b note.

 June 30, 19Y5, such sums as may be necessary for carrying out this section. (f) Title V I of the Economic Opportunity Act of 1964 is amended by inserting after section 625 thereof the following new section:
“independence of legal services corporation
“Sec. 626. Nothing in this Act, except title X, and no reference to

42 USC 2971e.

Ante, p. 378.

 this Act unless such reference refers to title X, shall be construed to affect the powers and activities of the Legal Services Corporation.”.
Approved July 25, 1974.
Public Law 93–356: To provide for the use of simplified procedures in the procurement of property and services by the Government where the amount involved does not exceed $10,000. Public Law 356 88 Stat. 390 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–356
An Act To provide for the use of simplified procedures in the procurement of property and services by the Government where the amount involved does not exceed $10,000.

July 25, 1974

[S. 3311]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Government property procurement and services.

Simplified procedures.

D.C. Code 1–808.
Section 1. Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”.
Sec. 2. The third full unnumbered paragraph under the heading “Office of Architect of the Capitol” contained in the appropriations for the Architect of the Capitol in the Legislative Branch Appropriation Act, 1966 (79 Stat. 276; 41 U.S.C. 6a–1 ) is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”.
Sec. 3. Section 302(c) (3) of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 252(c)(3)) is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”.
Sec. 4. (a) Section 2304(a) (3) of title 10, United States Code, is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”. (b) Section 2304(g) of such title is amended by striking out “$2,500” and inserting in lieu thereof “$10,000”.
Sec. 5. Section 9(b) of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C. 831h(b) (3)) is amended by striking out “$500” and inserting in lieu thereof “$10,000”.
Approved July 25, 1974.
Public Law 93–357: To provide temporary emergency livestock financing through the establishment of a guaranteed loan program. Public Law 357 88 Stat. 391 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 391 Public Law 93–357
An Act To provide temporary emergency livestock financing through the establishment of a guaranteed loan program.

July 25, 1974

[S. 3679]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Emergency Livestock Credit Act of 1974.

7 USC prec. 1961 note.

 be cited as the “Emergency Livestock Credit Act of 1974”.
Sec. 2. (a) The Secretary of Agriculture is authorized and directed to provide financial assistance to bona fide farmers and ranchers who are primarily and directly engaged in agricultural production for the purpose of breeding, raising, fattening, or marketing livestock. In the case of corporations or partnerships, such financial assistance shall be extended only when a majority interest in such corporations or partnerships is held by stockholders or partners who themselves are primarily and directly engaged in such agricultural production. For

“Livestock.”

 purposes of this Act, the term “livestock” shall mean beef cattle, dairy cattle, swine, sheep, goats, chickens, and turkeys. (b) The Secretary shall guarantee loans, including both principal

Loan guarantee.

 and interest, made by any legally organized lending agency which otherwise meet the purposes and conditions of this Act, As used herein, a guaranteed loan is one which is made, held, and serviced by a legally organized lending agency and which is guaranteed by the Secretary hereunder: Provided, That the term “legally organized lending

“Legally organized lending agency.”

 agency” shall not be deemed to include the Federal Financing Bank. (c) No contract guaranteeing any such loan by a lender shall require the Secretary to participate in more than 80 per centum of any loss sustained thereon. (d) No fees or charges shall be assessed by the Secretary for any guarantee provided by him under this Act. (e) Loans guaranteed under this Act shall bear interest at a rate

Interest rate.

 to be agreed upon by the lender and borrower. (f) Loans guaranteed under this Act shall be payable in not more than three years, but may be renewed for not more than two additional years.
Sec. 3. As a condition of the Secretary’s guaranteeing any loan under

Loan certification.

7 USC prec. 1961 note.

 this Act— (a) The lender shall certify that— (1) the lender is unwilling to provide credit to the loan applicant in the absence of the guarantee authorized by this Act; (2) the loan applicant is directly and in good faith engaged in agricultural production, and the financing to be furnished the loan applicant is to be used for purposes related to the breeding, raising, fattening, or marketing of livestock; (3) the loan is for the purpose of maintaining the operations of the loan applicant, and the total loans made to the loan applicant do not exceed the amount necessary to permit the continuation of his livestock operations at a level equal to its highest level during the eighteen months immediately preceding the date of enactment of this Act: Provided, That the total loans guaranteed under this Act for any loan applicant shall not exceed $250,000; (4) in the case of any loan to refinance the livestock operations of a loan applicant (i) the loan and refinancing are absolutely essential in order for the loan applicant to remain in business, (ii) the lending agency would not refinance such loan in the absence of a guarantee, and (iii) the lending agency is not currently refinancing similar loans to others without such guarantees. (b) The loan applicant shall certify that he will be unable to obtain financing in the absence of the guarantee authorized by this Act. 88 Stat. 392 (c) The Secretary finds there is reasonable probability of accomplishing the objectives of the Act and repayment of the loan.
Sec. 4. Loans guaranteed under this Act shall be secured by security

Guaranteed loan security.

7 USC prec. 1961 note.

 adequate to protect the Government’s interests, as determined by the Secretary.
Sec. 5. Loan guarantees outstanding under this Act shall not exceed

Outstanding loan guarantees, limitation.

7 USC prec. 1961 note.

7 USC 1929.

 $2,000,000,000 at any one time. Subject to the provisions of section 2(c) of this Act, the fund created in section 309 of the Consolidated Farm and Rural Development Act shall be used by the Secretary for the discharge of the obligations of the Secretary under contracts of guarantee made pursuant to this Act.
Sec. 6. Contracts of guarantee under this Act shall not be included

7 USC prec. 1961 note.

 in the totals of the budget of the United States Government and shall be exempt from any general limitation imposed by statute on expenditures and net lending (budget outlays) of the United States.
Sec. 7. Any contract of guarantee executed by the Secretary under

7 USC prec. 1961 note.

 this Act shall be an obligation supported by the full faith and credit of the United States and incontestable except for fraud or misrepresentation of which the holder had actual knowledge at the time it became a holder.
Sec. 8. The provisions of this Act shall become effective upon enactment,

Effective date.

7 USC prec. 1961 note.

 and the authority to make new guarantees under this Act shall terminate one year from the date of enactment of this Act, except that the Secretary of Agriculture may extend the guarantee authority provided in this Act for a period not to exceed six months if he (1) determines that such guarantees are necessary to the welfare of livestock producers and that adequate credit cannot be obtained without such guarantee by the Secretary, and (2) notifies the Committee on Agriculture and Forestry of the Senate and the Committee on Agriculture of the House of Representatives at least thirty days prior to the date on which he elects to extend the guarantee authority provided in the Act.
Sec. 9. (a) The provisions of section 310B(d) (6) of the Consolidated

7 USC prec. 1961 note.

7 USC 1932.

 Farm and Rural Development Act shall apply to loans guaranteed under this Act. (b) Contracts of guarantee executed pursuant to the provisions of this Act shall be fully assignable.
Sec. 10. The Secretary is authorized to issue such regulations as he

Regulations.

7 USC prec. 1961 note.

 determines necessary to carry out this Act; The proposed regulations shall be issued as soon as possible, but in no event later than thirty days from the date of enactment of this Act.
Approved July 25, 1974.
Public Law 93–358: To provide the authorization for fiscal year 1975 and succeeding fiscal years for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped, and for other purposes. Public Law 358 88 Stat. 392 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–358
An Act To provide the authorization for fiscal year 1975 and succeeding fiscal years for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped, and for other purposes.

July 25, 1974

[H. R. 11143]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act entitled

Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped.

Appropriation authorization.

41 USC 46.

 “An Act to create a Committee on Purchases of Blind-made Products, and for other purposes”, approved June 25, 1938 (41 U.S.C. 46–48c) is amended as follows: (1) Section 1(a) is amended— (A) by striking out “Committee for Purchase of Products and Services of” in the first sentence thereof and inserting in lieu thereof “Committee for Purchase from”; 88 Stat. 393 (B) by striking out “fourteen” in the second sentence thereof and inserting in lieu thereof “fifteen”; (C) by striking out “and other severely handicapped individuals.” in paragraph (2) (A) and inserting in lieu thereof a period; and (D) by redesignating subparagraphs (B) and (C) of paragraph (2) as subparagraphs (C) and (D) , respectively, and inserting after subparagraph (A) the following new subparagraph: “(B) The President shall appoint one member from persons who

Presidential appointee.

 are not officers or employees of the Government and who are conversant with the problems incident to the employment of other severely handicapped individuals.”. (2) Section 1(d) is amended—

41 USC 46.

 (A) by striking out “paragraphs (2) and (3)” in paragraph (1) and inserting in lieu thereof “paragraphs (2), (3), and (4)”; and (B) by adding at the end thereof the following new paragraph: “(4) The member first appointed under paragraph (2) (B) of subsection (a) shall be appointed for a term of three years.”. (3) Section 5 is amended—

41 USC 48b.

 (A) by inserting after paragraph (4) the following new paragraph: “(5) The term ‘direct labor’ includes all work required for

“Direct labor.”

 preparation, processing, and packing of a commodity, or work directly relating to the performance of a service, but not supervision, administration, inspection, or shipping.”; (B) by striking out paragraph (6) ; and (C) by redesignating paragraphs (7), (8), and (9) as paragraphs (6), (7), and (8), respectively. (4) Section 6 is amended to read as follows:
“Sec. 6. There are authorized to be appropriated to the Committee

41 USC 48c.

 to carry out this Act $240,000 for the fiscal year ending June 30, 1974, and such sums as may be necessary for the succeeding fiscal years.”.
Approved July 25, 1974.
Public Law 93–359: To authorize the waiver of claims of the United States arising out of erroneous payments of pay and allowances to certain officers and employees of the legislative branch. Public Law 359 88 Stat. 393 1974-07-25 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–359
An Act To authorize the waiver of claims of the United States arising out of erroneous payments of pay and allowances to certain officers and employees of the legislative branch.

July 25, 1974

[S. 1803]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 5584 of

Legislative branch.

Overpayment claims, waiver.

 title 5, United States Code, is amended as follows: (1) Strike out “executive” wherever it appears in such section. (2) In subsection (b) (2)— (A) immediately after “(2)” insert the following: “except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden,”; and (B) strike out “or” at the end thereof. (3) In subsection (b) (3)— (A) immediately after “(3)” insert the following “except in the case of employees of the Government Printing Office, the88 Stat. 394 Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden,”; and (B) strike out “the effective date of the amendment authorizing the waiver of allowances, whichever is later.” and insert in lieu thereof “October 2, 1972, whichever is later; or”. (4) At the end of subsection (b) , add the following new clause: “(4) in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered or 3 years immediately following the date on which this clause (4) is enacted into law, whichever is later.” (5) At the end of the section, add the following new subsection: “(g) For the purpose of this section, ‘agency’ means—

“Agency.”

 “(1) an Executive agency; “(2) the Government Printing Office; “(3) the Library of Congress; “(4) the Office of the Architect of the Capitol; and “(5) the Botanic Garden.”.
Sec. 2. (a) A claim of the United States against a person arising

Vice President, Senator or Senate employees, waiver by Secretary of Senate.

2 USC 130c.

 out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after the date of enactment of this Act, to the Vice President, a Senator, or to an officer or employee whose pay is disbursed by the Secretary of the Senate, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Secretary of the Senate, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. An application

Investigation, report to Secretary of Senate.

 for waiver shall be investigated by the Financial Clerk of the Senate who shall submit a written report of his investigation to the Secretary of the Senate. An application for waiver of a claim in an amount aggregating more than $500 shall also be investigated by the Comptroller General of the United States who shall submit a written report of his investigation to the Secretary of the Senate. (b) The Secretary of the Senate may not exercise his authority under this section to waive any claim— (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the Vice President, the Senator, the officer or employee, or any other person having an interest in obtaining a waiver of the claim; or (2) if the application for waiver is received in his office after

Time limitation.

the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered. (c) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (d) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (e) This section does not affect any authority under any other law

Savings provision.

 to litigate, settle, compromise, or waive any claim of the United States. (f) The Secretary of the Senate shall promulgate rules and regulations

Rules and regulations.

 to carry out the provisions of this section.
88 Stat. 395
Sec. 3. (a) A claim of the United States against a person arising

House officers or employees, waiver by Clerk of the House.

2 USC 130d.

 out of an erroneous payment of any pay or allowances, other than travel and transportation expenses and allowances, on or after the date of enactment of this section, to an officer or employee whose pay is disbursed by the Clerk of the House of Representatives, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by the Speaker of the House, if the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official. (b) An application for waiver of a claim shall be investigated by

Investigation, report to Speaker of the House.

 the Clerk of the House of Representatives who shall submit a written report of his investigation to the Speaker of the House. (c) The Speaker of the House may not exercise his authority under this section to waive any claim— (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the officer or employee or any other person having an interest in obtaining a waiver of the claim; or (2) if the application for waiver is received in his office after

Time limitation.

 the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered. (d) In the audit and settlement of the accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (e) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (f) This section does not affect any authority under any other law

Savings provision.

 to litigate, settle, compromise, or waive any claim of the United States. (g) The Speaker of the House shall prescribe rules and regulations

Rules and regulations.

 to carry out the provisions of this section.
Approved July 25, 1974.
Public Law 93–360: To amend the National Labor Relations Act to extend its coverage and protection to employees of nonprofit hospitals, and for other purposes. Public Law 360 88 Stat. 395 1974-07-26 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–360
An Act To amend the National Labor Relations Act to extend its coverage and protection to employees of nonprofit hospitals, and for other purposes.

July 26, 1974

[S. 3203]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

National Labor Relations Act, amendments.

29 USC 152.

 2(2) of the National Labor Relations Act is amended by striking out “or any corporation or association operating a hospital, if no part of the net earnings inures to the benefit of any private shareholder or individual,”. (b) Section 2 of such Act is amended by adding at the end thereof

“Health care institution.”

 the following new subsection: “(14) The term ‘health care institution’ shall include any hospital, convalescent hospital, health maintenance organization, health clinic, nursing home, extended care facility, or other institution devoted to the care of sick, infirm, or aged person.”. (c) The last sentence of section 8(d) of such Act is amended by

29 USC 158.

 striking out the words “the sixty-day” and inserting in lieu thereof “any notice” and by inserting before the words “shall lose” a comma and the following: “or who engages in any strike within the appropriate period specified in subsection (g) of this section,”.

Post, p . 396.

 88 Stat. 396 (d) (1) The last paragraph of section 8(d) of such Act is amended

Notices.

29 USC 158.

 by adding at the end thereof the following new sentence: “Whenever the collective bargaining involves employees of a health care institution, the provisions of this section 8(d) shall be modified as follows: “(A) The notice of section 8(d) (1) shall be ninety days; the notice of section 8(d) (3) shall be sixty days; and the contract period of section 8(d)(4) shall be ninety days. “(B) Where the bargaining is for an initial agreement following certification or recognition, at least thirty days’ notice of the existence of a dispute shall be given by the labor organization to the agencies set forth in section 8 (d) (3). “(C) After notice is given to the Federal Mediation and Conciliation Service under either clause (A) or (B) of this sentence, the Service shall promptly communicate with the parties and use its best efforts, by mediation and conciliation, to bring them to agreement. The parties shall participate fully and promptly in such meetings as may be undertaken by the Service for the purpose of aiding in a settlement of the dispute.” (e) Section 8 of such Act is amended by adding at the end thereof

Notification preceding strikes.

 the following new subsection. “(g) A labor organization before engaging in any strike, picketing, or other concerted refusal to work at any health care institution shall, not less than ten days prior to such action, notify the institution in writing and the Federal Mediation and Conciliation Service of that intention, except that in the case of bargaining for an initial agreement following certification or recognition the notice required by this subsection shall not be given until the expiration of the period specified in clause (B) of the last sentence of section 8(d) of this Act. The notice shall state the date and time that such action will commence. The notice, once given, may be extended by the written agreement of both parties.”
SEC. 2. Title II of the Labor Management Relations Act, 1947, is amended by adding at the end thereof the following new section:
“conciliation of labor disputes in the health care industry
“Sec. 213. (a) If, in the opinion of the Director of the Federal Mediation

Board of Inquiry.

29 USC 183.

 and Conciliation Service a threatened or actual strike or lock-out affecting a health care institution will, if permitted to occur or to continue, substantially interrupt the delivery of health care in the locality concerned, the Director may further assist in the resolution of the impasse by establishing within 30 days after the notice to the Federal Mediation and Conciliation Service under clause (A) of the last sentence of section 8(d) (which is required by clause (3) of such

Ante, p. 395.

 section 8 (d)), or within 10 days after the notice under clause (B), an impartial Board of Inquiry to investigate the issues involved in the dispute and to make a written report thereon to the parties within

Report.

 fifteen (15) days after the establishment of such a Board. The written report shall contain the findings of fact together with the Board’s recommendations for settling the dispute, with the objective of achieving a prompt, peaceful and just settlement of the dispute. Each such

Membership.

 Board shall be composed of such number of individuals as the Director may deem desirable. No member appointed under this section shall have any interest or involvement in the health care institutions or the employee organizations involved in the dispute. “(b) (1) Members of any board established under this section who are otherwise employed by the Federal Government shall serve without compensation but shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in carrying out its duties under this section. 88 Stat. 397 “(2) Members of any board established under this section who are

Compensation.

 not subject to paragraph (1) shall receive compensation at a rate prescribed by the Director but not to exceed the daily rate prescribed for GS–18 of the General Schedule under section 5332 of title 5, United States Code, including travel for each day they are engaged in the

5 USC 5332 note.

 performance of their duties under this section and shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in carrying out their duties under this section. “(c) After the establishment of a board under subsection (a) of this section and for 15 days after any such board has issued its report, no change in the status quo in effect prior to the expiration of the contract in the case of negotiations for a contract renewal, or in effect prior to the time of the impasse in the case of an initial bargaining negotiation, except by agreement, shall be made by the parties to the controversy. “(d) There are authorized to be appropriated such sums as may

Appropriation.

 be necessary to carry out the provisions of this section.”
Sec. 3. The National Labor Relations Act is amended by adding immediately after section 18 thereof the following new section:
“individuals with religious convictions
“Sec. 19. Any employee of a health care institution who is a member

29 USC 169.

 of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting labor organizations shall not be required to join or financially support any labor organization as a condition of employment; except that such employee may be required, in lieu of periodic dues and initiation fees, to pay sums equal to such dues and initiation fees to a nonreligious charitable fund exempt from taxation under section 501(c) (3) of the Internal Revenue Code, chosen by such employee from a list of at least

26 USC 501.

 three such funds, designated in a contract between such institution and a labor organization, or if the contract fails to designate such funds, then to any such fund chosen by the employee.”
Sec. 4. The amendments made by this Act shall become effective on

Effective date.

29 USC 169 note.

 the thirtieth day after its date of enactment.
Approved July 26, 1974.
Public Law 93–361: To secure to the Congress additional time in which to consider the proposed amendments to the Federal Rules of Criminal Procedure which the Chief Justice of the United States Supreme Court transmitted to the Congress on April 22, 1974. Public Law 361 88 Stat. 397 1974-07-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–361
An Act To secure to the Congress additional time in which to consider the proposed amendments to the Federal Rules of Criminal Procedure which the Chief Justice of the United States Supreme Court transmitted to the Congress on April 22, 1974.

July 30, 1974

[H. R. 15461]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That, notwithstanding

Federal Rules of Criminal Procedure.

Congressional approval, time extension.

18 USC 3771 note.

 the provisions of sections 3771 and 3772 of title 18 of the United States Code, the effective date of the proposed amendments to the Federal Rules of Criminal Procedure which are embraced by the order entered by the United States Supreme Court on April 22, 1974, and which were transmitted to the Congress by the Chief Justice on April 22, 1974, is postponed until August 1, 1975.
Approved July 30, 1974.
Public Law 93–362: To amend the Anadromous Fish Conservation Act in order to extend the authorization for appropriations: to carry out such Act, and for other purposes. Public Law 362 88 Stat. 398 1974-07-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 398 Public Law 93–362
An Act To amend the Anadromous Fish Conservation Act in order to extend the authorization for appropriations: to carry out such Act, and for other purposes.

July 30, 1974

[H. R. 11295]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of the

Anadromous Fish Conservation Act, amendments.

 Anadromous Fish Conservation Act (16 U.S.C. 757b) is amended by striking out the semicolon at the end of clause (3) thereof, and inserting the following new language: “, and for the control of the sea lamprey;”.
Sec. 2. Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) is amended by striking out “the fiscal year ending June 30, 1974” and inserting in lieu thereof the following: “each of the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, June 30, 1977, June 30, 1978, and June 30, 1979”.
Sec. 3. (a) Subsection (c) of the first section of the Anadromous Fish Conservation Act (16 U.S.C. 757a(c)) is amended by striking out “60 per centum” and inserting in lieu thereof “66% per centum”. (b) Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) (as amended by section 2 of this Act) is further amended by striking out “$10,000,000” and inserting in lieu thereof “$20,000,000”.
Approved July 30, 1974.
Public Law 93–363: To provide for access to all duly licensed clinical psychologists and optometrists without prior referral in the Federal employee health benefits program. Public Law 363 88 Stat. 398 1974-07-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–363
An Act To provide for access to all duly licensed clinical psychologists and optometrists without prior referral in the Federal employee health benefits program.

July 30, 1974

[H. R. 9440]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8902

Federal employees.

Access to clinical psychologists and optometrists.

 of title 5, United States Code, is amended by adding at the end thereof the following: “(j) When a contract under this chapter requires payment or reimbursement for services which may be performed by a clinical psychologist or optometrist, licensed or certified as such under Federal or State law, as applicable, an employee, annuitant, or family member covered by the contract shall be free to select, and shall have direct access to, such a clinical psychologist or optometrist without supervision or referral by another health practitioner and shall be entitled under the contract to have payment or reimbursement made to him or on his behalf for the services performed. The provisions of this subsection shall not apply to group practice prepayment plans.”.
Sec. 2. The amendment made by this Act shall become effective with

Effective date.

5 USC 8902 note.

 respect to any contract entered into or renewed on or after the date of enactment of this Act.
Approved July 30, 1974.
Public Law 93–364: To authorize the Secretary of the Interior to sell certain rights in the State of Florida. Public Law 364 88 Stat. 399 1974-08-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 399 Public Law 93–364
An Act To authorize the Secretary of the Interior to sell certain rights in the State of Florida.

August 2, 1974

[H. R. 377]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary

Marion County, Fla.

Mineral interests, conveyance.

 of the Interior is authorized and directed to convey to the record owner thereof, in accordance with section 3 of this Act, all right, title, and interest in minerals reserved to the United States in land described as the northwest quarter of the southwest quarter of section 20, township 15 south range 23 east, in Marion County, Florida.
Sec. 2. The Secretary shall require the deposit of a sum of money

Administrative costs.

 which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess.
Sec. 3. No conveyance shall be made unless application for conveyance

Application.

 is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess.
Sec. 4. The term “administrative costs” as used in this Act, includes,

“Administrative costs.”

 but is not limited to, all costs of (1) conducting an exploratory program to determine the character of the mineral deposits in the land, (2) evaluating the data obtained under the exploratory program to determine the fair market value of the mineral rights to be conveyed, and (3) preparing and issuing the instrument of conveyance.
Sec. 5. Moneys paid to the Secretary for administrative costs shall be paid to the agency which rendered the service, and deposited to the appropriation then current. Moneys paid for the minerals or mineral interests conveyed shall be deposited into the general fund of the Treasury as miscellaneous receipts.
Approved August 2, 1974.
Public Law 93–365: To authorize appropriations during the fiscal year 1975 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads and for other purposes. Public Law 365 88 Stat. 399 1974-08-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–365
An Act To authorize appropriations during the fiscal year 1975 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each Reserve component of the Armed Forces and of civilian personnel of the Department of Defense, and to authorize the military training student loads and for other purposes.

August 5, 1974

[H. R. 14592]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Department of Defense Appropriation Authorization Act, 1975.

 88 Stat. 400 <num value="I">TITLE I—</num> <heading class="inline">PROCUREMENT</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <chapeau class="inline">Funds are hereby authorized to be appropriated during the fiscal year 1975 for the use of the Armed Forces of the United States for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons as authorized by law, in amounts as follows:</chapeau> <appropriations level="intermediate"> <heading>Aircraft</heading> <content>For aircraft: for the Army, $320,300,000; for the Navy and the Marine Corps, $2,866,200,000; for the Air Force, $3,286,300,000 of which (1) $104,900,000 shall be used only for the procurement of A–7D aircraft for the Air National Guard of the United States, and (2) $405,100,000 shall be available only for procurement in connection with the Airborne Warning and Control System, and shall be available for that purpose only if and after the Secretary of Defense determines and certifies such determination to the Congress that such system is cost effective and meets the mission needs and requirements of the Department of Defense, except that the foregoing certification requirement shall not apply with respect to the procurement of long lead time items for such system.</content> </appropriations> <appropriations level="intermediate"> <heading>Missiles</heading> <content>For missiles: for the Army, $436,500,000; for the Navy, $634,500,000; for the Marine Corps, $74,100,000; for the Air Force, $1,579,200,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Naval Vessels</heading> <content>For Naval vessels: for the Navy, $3,156,400,000, of which sum $1,166,800,000 shall be used only for the Trident program; $502,500,000 shall be used only for the SSN–688 nuclear attack submarine; $244,300,000 shall be used only for the DLGN nuclear powered guided missile frigate program; $457,100,000 shall be used only for the DD–963 program; $16,000,000 shall be used only for the sea control ship program; $92,300,000 shall be used only for the patrol hydrofoil missile program; $186,000,000 shall be used only for the patrol frigate program; $81,400,000 shall be used only for the fleet oiler; $116,700,000 shall be used only for a destroyer tender; $10,800,000 shall be used only for a fleet ocean tug; $104,600,000 shall be used only for the Poseidon conversion of fleet ballistic-missile submarines; $18,300,000 shall be used only for conversion of a submarine tender; $22,000,000 shall be used only for craft; $10,400,000 shall be used only for pollution abatement craft; $55,300,000 shall be used only for outfitting material and post delivery; $71,900,000 shall be used only for escalation on prior year programs.</content> </appropriations> <appropriations level="intermediate"> <heading>Tracked Combat Vehicles</heading> <content>For tracked combat vehicles: for the Army, $300,600,000; for the Marine Corps, $74,200,000.</content> </appropriations> <appropriations level="intermediate"> <heading>Torpedoes</heading> <content class="indent0 firstIndent1 fontsize10">For torpedoes and related support equipment: for the Navy, $187,700,000,</content> </appropriations> <page identifier="/us/stat/88/401">88 <inline class="smallCaps">Stat</inline>. 401</page> <appropriations level="intermediate"> <heading>Other Weapons</heading> <content>For other weapons: for the Army, $52,200,000; for the Navy, $25,500,000; for the Marine Corps, $500,000.</content> </appropriations> </section> <num value="II">TITLE II—</num> <heading class="inline">RESEARCH, DEVELOPMENT, TEST AND EVALUATION</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline"> <p class="inline">Funds are hereby authorized to be appropriated during the fiscal year 1975 for the use of the Armed Forces of the United States for research, development, test and evaluation, as authorized by law, in amounts as follows:</p> <p class="indent0 firstIndent1 fontsize10">For the Army, $1,878,397,000;</p> <p class="indent0 firstIndent1 fontsize10">For the Navy (including the Marine Corps), $3,153,006,000, of which $57,500,000 shall be available only for application to surface naval gunnery (excluding the Close-In Weapon System), including gun fire control systems, gun mounts, unguided and guided ordnance, and fuzing;</p> <p class="indent0 firstIndent1 fontsize10">For the Air Force, $3,389,517,000; and</p> <p class="indent0 firstIndent1 fontsize10">For the Defense Agencies, $516,057,000, of which $25,000,000 is authorized for the activities of the Director of Test and Evaluation, Defense.</p> </content> </section> <num value="III">TITLE III—</num> <heading class="inline">ACTIVE FORCES</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <chapeau class="inline">For the fiscal year beginning July 1, 1974, and ending <sidenote><p class="firstIndent1 fontsize8">Reduction.</p></sidenote> June 30, 1975, each component of the Armed Forces is authorized an end strength for active duty personnel as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The Army, 785,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Navy, 540,380;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Marine Corps, 196,398;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Air Force, 627,535.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The United States military forces in Europe can <sidenote><p class="firstIndent1 fontsize8">U.S. military forces in Europe, deployment.</p></sidenote> reduce headquarters and noncombat military personnel relative to the number of combat personnel located in Europe. Therefore, except in the event of imminent hostilities in Europe, the noncombat component of the total United States military strength in Europe authorized as of June 30, 1974, shall be reduced by 18,000. Such reduction shall be completed not later than June 30, 1976, and not less than 6,000 of such reduction shall be completed on or before June 30, 1975; however, the Secretary of Defense is authorized to increase the combat component strength of United States forces in Europe by the amount of any such , reduction made in noncombat personnel. The Secretary of Defense <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> shall report semi-annually to the Congress on all actions taken to improve the combat proportion of United States forces in Europe. The first report shall be submitted not later than March 31, 1975.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">For purposes of this section, the combat component of the Army <sidenote><p class="firstIndent1 fontsize8">Army, Navy and Air Force, combat components.</p></sidenote> includes only the infantry, cavalry, artillery, armored, combat engineers, special forces, attack assault helicopter units, air defense, and missile combat units of battalion or smaller size; the combat component of the Navy includes only the combat ships (aircraft carrier, cruiser, destroyer, submarine, escort and amphibious assault ships)<page identifier="/us/stat/88/402">88 <inline class="smallCaps">Stat</inline>. 402</page> and combat aircraft wings (fighter, attack, reconnaissance, and patrol); the combat component of the Air Force includes only the tactical fighter reconnaissance, tactical airlift, fighter interceptor and bomber units of wing or smaller size.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Secretary of Defense shall undertake a specific assessment<sidenote><p class="firstIndent1 fontsize8">NATO members, weapons systems, standardization, assessment and evaluation.</p></sidenote> of the costs and possible loss of nonnuclear combat effectiveness of the military forces of the North Atlantic Treaty Organization countries caused by the failure of the North Atlantic Treaty Organization members, including the United States, to standardize weapons systems, ammunition, fuel, and other military impedimenta for land, air, and naval forces. The Secretary of Defense shall also develop a list of standardization actions that could improve the overall North Atlantic Treaty Organization nonnuclear defense capability or save resources for the alliance as a whole. He shall also evaluate the relative priority and effect of each such action. The Secretary shall submit the results of<sidenote><p class="firstIndent1 fontsize8">Submittal to Congress.</p></sidenote> these assessments and evaluations to the Congress and subsequently shall also cause them to be brought before the appropriate North Atlantic Treaty Organization bodies in order that the suggested actions and recommendations can become an integral par t of the overall North Atlantic Treaty Organization review of force goals and development of force plans. The Secretary of Defense shall report<sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> semiannually to the Congress on the specific assessments and evaluations made under the above provisions as well as the results achieved with the North Atlantic Treaty Organization allies. The first such report shall be submitted to Congress not later than January 31, 1975.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The total number of United States tactical nuclear warheads<sidenote><p class="firstIndent1 fontsize8">U.S. tactical nuclear warheads in Europe.</p></sidenote> located in Europe on the date of enactment of this Act shall not be increased until after June 30, 1975, except in the event of imminent hostilities in Europe. The Secretary of Defense shall study the overall<sidenote><p class="firstIndent1 fontsize8">Use and reduction, study.</p></sidenote> concept for use of tactical nuclear weapons in Europe; how the use of such weapons relates to deterrence and to a strong conventional defense; reductions in the number and type of nuclear warheads which are not essential for the defense structure for Western Europe; and the steps that can be taken to develop a rational and coordinated nuclear posture by the North Atlantic Treaty Organization Alliance that is consistent with proper emphasis on conventional defense forces. The Secretary of Defense shall report to the Committees on Armed<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives on the results of the above study on or before April 1, 1975.</content> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="inline">RESERVE FORCES</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <chapeau class="inline">For the fiscal year beginning July 1, 1974, and ending June 30, 1975, the Selected Reserve of each Reserve component of the Armed Forces will be programed to attain an average strength of not less than the following:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The Army National Guard of the United States, 400,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Army Reserve, 225,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Naval Reserve, 117,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Marine Corps Reserve, 36,703;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The Air National Guard of the United States, 95,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">The Air Force Reserve, 51,319;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The Coast Guard Reserve, 11,700.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <content class="inline">The average strength prescribed by section 401 of this title for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component<page identifier="/us/stat/88/403">88 <inline class="smallCaps">Stat</inline>. 403</page> which are on active duty (other than for training) at any time during the fiscal year, and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training or for unsatisfactory participation in training) without their consent at any time during the fiscal year. Whenever such units or such individual members are released from active duty during any fiscal year, the average strength for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members.</content> </section> <section class="firstIndent1 fontsize10"> <num value="403"><inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The average strength prescribed by section 401 of this <sidenote><p class="firstIndent1 fontsize8">Air National Guard.</p></sidenote> title for the Air National Guard of the United States shall be used to man a force which shall include not less than 91 flying units in the Air National Guard during the fiscal year beginning July 1, 1974.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">It is the policy of Congress that any increase in the ratio of aircrew to aircraft for the strategic airlift mission of the Air Force above the present ratio of crewmembers per aircraft should be achieved to the maximum extent possible through the components of the Selected Reserve and not by increasing the active duty force level of the Air Force. To carry out such policy the Secretary of Defense is directed <sidenote><p class="firstIndent1 fontsize8">Strategic airlift crew ratio increase, study.</p></sidenote> to study the possibility of increasing the strategic airlift crew ratio per aircraft to the required levels by utilizing jointly the resources of the Air National Guard and the Air Force Reserve. Such study shall specifically include: (1) restructuring the missions of Air National Guard units so as to retain an effective strategic airlift capability within the Air National Guard and the Air Force Reserve; (2) the utilization of Air National Guard units now in existence so as to avoid the loss of existing skills in those units; (3) alternatives, including, but not limited to, transfer, rotation, “hybridization”, and “association”, for making available to the Air National Guard and the Air Force Reserve strategic airlift aircraft in numbers sufficient to support an effective capability; and (4) the desirability of new statutory authority for the limited selective mobilization of members of the Air National Guard under circumstances not leading to a declaration of a national emergency by the Congress or the President. The Secretary <sidenote><p class="firstIndent1 fontsize8">Submittal to Congress.</p></sidenote> shall submit his study to the Congress not later than 180 days after the date of enactment of this Act, and before the implementation thereof, together with an evaluation of such study, a proposed schedule for its possible implementation, and such recommendations for legislative action relating to the subject matter of this section as he may deem appropriate.</content> </subsection> </section> <num value="V">TITLE V—</num> <heading class="inline">CIVILIAN PERSONNEL</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">For the fiscal year beginning July 1, 1974, and <sidenote><p class="firstIndent1 fontsize8">Reduction.</p></sidenote> ending June 30, 1975, the Department of Defense is authorized an end strength for civilian personnel as follows:</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">The Department of the Army, 358,717;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">The Department of the Navy, including the Marine Corps, 323,529;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">The Department of the Air Force, 269,709;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">(D) </num> <content class="inline">Activities and agencies of the Department of Defense (other than the military departments), 75,372.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The end strength for civilian personnel prescribed in paragraph (1) of this subsection for the fiscal year ending June 30, 1975, shall be reduced by 32,327. Such reduction shall be apportioned among the Army, Navy, Air Force, and activities and agencies of the Department of Defense as the Secretary of Defense shall prescribe. The<page identifier="/us/stat/88/404">88 <inline class="smallCaps">Stat</inline>. 404</page> Secretary of Defense shall report to Congress within 60 days after the<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> date of enactment of this Act on the manner in which this reduction is to be apportioned among the military services and the activities and agencies of the Department of Defense and among the mission categories described in the Manpower Requirements Report. This report shall include the rationale for each reduction.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">In computing the authorized end strength for civilian personnel there shall be included all direct-hire civilian personnel employed to perform military functions administered by the Department of Defense (other than those performed by the National Security Agency) whether in permanent or temporary positions and whether employed on a full-time, part-time, or intermittent basis, but excluding special employment categories for students and disadvantaged youth such as the stay-in-school campaign, the temporary summer aid program and the Federal junior fellowship program and personnel participating in the worker-trainee opportunity program. Whenever a function, power, or duty or activity is transferred or assigned to a department or agency of the Department of Defense from a department or agency outside of the Department of Defense or from a department or agency within the Department of Defense, the civilian personnel end strength authorized for such departments or agencies of the Department of Defense affected shall be adjusted to reflect any increases or decreases in civilian personnel required as a result of such transfer or assignment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">When the Secretary of Defense determines that such action is<sidenote><p class="firstIndent1 fontsize8">Personnel increase, limitation.</p></sidenote> necessary in the national interest, he may authorize the employment of civilian personnel in excess of the number authorized by subsection (a) of this section, but such additional number may not exceed one half of one per centum of the total number of civilian personnel authorized for the Department of Defense by subsection (a) of this section. The Secretary of Defense shall promptly notify the Congress<sidenote><p class="firstIndent1 fontsize8">Notification to Congress.</p></sidenote> of any authorization to increase civilian personnel strength under the authority of this subsection.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <content class="inline">It is the sense of Congress that the Department of Defense<sidenote><p class="firstIndent1 fontsize8">Manpower conversion.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s138">10 USC 138 note</ref>.</p></sidenote> shall use the least costly form of manpower that is consistent with military requirements and other needs of the Department of Defense. Therefore, in developing the annual manpower authorization requests to the Congress and in carrying out manpower policies, the Secretary of Defense shall, in particular, consider the advantages of converting from one form of manpower to another (military, civilian, or private contract) for the performance of a specified job. A full justification of any conversion from one form of manpower to another shall be contained in the annual manpower requirements report to the Congress required by section 138(c)(3) of title 10, United States Code.</content> </section> <num value="VI">TITLE VI—</num> <heading class="inline">MILITARY TRAINING STUDENT LOADS</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">For the fiscal year beginning July 1, 1974, and ending June 30, 1975, each component of the Armed Forces is authorized an average military training student load as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">The Army, 97,638;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Navy, 71,279;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Marine Corps, 26,262;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">The Air Force, 52,900;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">The Army National Guard of the United States, 12,111;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">The Army Reserve, 6,673;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">The Naval Reserve, 2,536;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">The Marine Corps Reserve, 3,403;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">The Air National Guard of the United States, 2,359; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">The Air Force Reserve, 1,126.</content> </paragraph> </subsection> <page identifier="/us/stat/88/405">88 <inline class="smallCaps">Stat</inline>. 405</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The average military training student loads for the Army, the Navy, the Marine Corps, and the Air Force and the Reserve components prescribed in subsection (a) of this section for the fiscal year ending June 30, 1975, shall be adjusted consistent with the manpower strengths provided in title III, title IV, and title V of this Act. Such adjustment shall be apportioned among the Army, the Navy, the Marine Corps, and the Air Force and the Reserve Components in such manner as the Secretary of Defense shall prescribe.</content> </subsection> </section> <num value="VII">TITLE VII—</num> <heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Paragraph (1) of section 401(a) of Public Law <sidenote><p class="firstIndent1 fontsize8">Funds, availability for South Vietnamese forces.</p></sidenote> 89–367, approved March 15, 1966 (80 Stat. 37), as amended, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">There is authorized to be appropriated as a single appropriation to the Department of Defense for the fiscal year ending June 30, 1975, the sum of $1,000,000,000, including $263,860,000 for procurement of aircraft, missiles, tracked combat vehicles, and other weapons, to support South Vietnamese military forces. Such appropriation shall be administered and accounted for as one fund and may be obligated only by the issuance of orders by the Secretary of Defense for such support. Funds appropriated pursuant to this section shall be deemed obligated at the time the Secretary of Defense issues orders authorizing support of any kind to South Vietnamese military forces. No support herein authorized may be made available in any manner unless pursuant to a specific order issued by the Secretary.”</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">That portion of paragraph (2) of such section 401(a) which precedes clause (A) is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No defense article may be furnished to the South Vietnamese forces with funds authorized under this or any other Act unless the Government of the Republic of South Vietnam shall have agreed that—”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Section 401 of such Public Law 89–367 is amended by striking out subsections (b), (c), and (d) and inserting in lieu thereof the following: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">No funds authorized by this or any other Act to or for use by <sidenote><p class="firstIndent1 fontsize8">Limitation.</p></sidenote> the Department of Defense may be obligated in the fiscal year ending June 30, 1975, for support of South Vietnamese military forces in any amount in excess of the amount of $1,000,000,000,</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">Any obligation incurred against funds authorized under this <sidenote><p class="firstIndent1 fontsize8">Nonexcess and excess materials and supplies.</p></sidenote> section shall, in the case of nonexcess materials and supplies furnished from the inventory of the Department of Defense, be equal to the replacement cost thereof at the time such obligation is incurred, and in the case of excess materials and supplies, be equal to the actual value thereof at the time such obligation is incurred.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <content class="inline">No funds authorized by this section may be used in any way <sidenote><p class="firstIndent1 fontsize8">Cambodia and Laos.</p></sidenote> to support Vietnamese or other forces in actions designed to provide military support and assistance to the Government of Cambodia or Laos.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">Within 30 days after the end of each quarter of the fiscal year, <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a written report regarding actual obligations incurred against funds appropriated pursuant to this section. Such report shall indicate the different purposes for which such obligations were incurred and the amounts thereof, together with such other information as the Secretary determines appropriate.”</content> </subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <content class="inline">Subsection (b) of section 7307 of title 10, United States <sidenote><p class="firstIndent1 fontsize8">Naval vessels, disposal restrictions.</p></sidenote> Code, is amended to read as follows: <page identifier="/us/stat/88/406">88 <inline class="smallCaps">Stat</inline>. 406</page> <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">After the date of enactment of this paragraph, no naval vessel in excess of 2,000 tons or less than 20 years of age may be sold, leased, granted, loaned, bartered, transferred, or otherwise disposed of to another nation unless the disposition thereof has been approved by law enacted after such date of enactment.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">After the date of enactment of this paragraph, any naval vessel not subject to the provisions of paragraph (1) may be sold, leased, granted, loaned, bartered, transferred, or otherwise disposed of to another nation in accordance with applicable provisions of law only after the Secretary of the Navy, or his designee, has notified the Committees <sidenote><p class="firstIndent1 fontsize8">Notification to congressional committees.</p></sidenote> on Armed Services of the Senate and the House of Representatives in writing of the proposed disposition and 30 days of continuous session of Congress have expired following the date on which notice was transmitted to such committees. For purposes of this paragraph,<sidenote><p class="firstIndent1 fontsize8">Congressional session, continuity.</p></sidenote> the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of such 30-day period.”</content> </paragraph> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <content class="inline">Notwithstanding any other provision of law, no funds<sidenote><p class="firstIndent1 fontsize8">Dogs, use for research, prohibition.</p></sidenote> authorized to be appropriated pursuant to this Act may be used for research, testing, and/or evaluation of poisonous gases, radioactive materials, poisonous chemicals, or biological or chemical warfare agents upon dogs for the purpose of developing biological or chemical weapons.</content> </section> <section class="firstIndent1 fontsize10"> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num> <content class="inline">Section 204 of Public Law 93–166 is amended by adding<sidenote><p class="firstIndent1 fontsize8">Island of Culebra, naval training operations, restrictions.</p></sidenote> at the end thereof a new subsection as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <content class="inline">Notwithstanding any other provision of law, the conduct by the Department of the Navy of training operations at the Culebra complex involving the firing of any shells, missiles, or other projectiles from ships or the dropping of any bombs, strafing, firing of rockets or missiles, or the launching of any other projectiles from aircraft at Culebra or at any keys within three nautical miles thereof is prohibited during any period of time that the negotiations required by subsection (b) have been ended on the initiative of the United States Government prior to the conclusion of a satisfactory agreement. In the conduct of the negotiations required by subsection (b) the Secretary of the Navy shall not agree to any relocation of training operations from the Island of Culebra which would be rendered ineffective by any international agreement on the law of the sea which may become international law within three years after the date of the enactment of this Act.”</content> </subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <content class="inline">Section 401 of the Department of Defense Supplemental<sidenote><p class="firstIndent1 fontsize8">Enlistment.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 234.</p></sidenote> Appropriations Authorization Act, 1974, is amended by striking out the period at the end of such section and inserting in lieu thereof the following: “<quotedText>when his enlistment is needed to meet established strength requirements.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num> <content class="inline">None of the funds authorized by this Act may be used for<sidenote><p class="firstIndent1 fontsize8">Minuteman missile flight test, restriction.</p></sidenote> the purpose of carrying out any proposed flight test (including operational base launch) of the Minuteman missile from any place within the United States other than Vandenberg Air Force Base, Lompoc, California.</content> </section> <section class="firstIndent1 fontsize10"> <num value="707"><inline class="smallCaps">Sec</inline>. 707. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">No funds authorized to be appropriated by this or any<sidenote><p class="firstIndent1 fontsize8">Foreign goods, procurement restrictions.</p></sidenote> other Act may be obligated under a contract entered into by the Department of 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<page identifier="/us/stat/88/407">88 <inline class="smallCaps">Stat</inline>. 407</page> 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—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">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;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the bids or proposals of small business firms in the United States which have offered to furnish American goods;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the bids or proposals of all other firms in the United States which have offered to furnish American goods;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the United States balance of payments;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the cost of shipping goods which are other than American goods; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">For purposes of this section, the term “goods which are other <sidenote><p class="firstIndent1 fontsize8">“Goods which are other than American goods.”</p></sidenote> 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.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="708"><inline class="smallCaps">Sec</inline>. 708. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Chapter 401 of title 10, United States Code, is amended—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by adding the following new section at the end thereof:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <section class="firstIndent0 fontsize10"> <num value="4314">“§4314. </num> <heading class="inline">United States Army Command and General Staff College degree</heading> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s4314">10 USC 4314</ref>.</p></sidenote> <content class="indent0 firstIndent1 fontsize10">“Under regulations prescribed by the Secretary of the Army, and with the approval of a nationally recognized civilian accrediting association approved by the Commissioner of Education, Department of Health, Education, and Welfare, the Commandant of the United States Army Command and General Staff College may upon recommendation by the faculty confer the degree of master of military art <sidenote><p class="firstIndent1 fontsize8">Master of military art and science, degree requirements.</p></sidenote> and science upon graduates of the college who have fulfilled the following degree requirements: a minimum of thirty semester hours of graduate credit, including a masters thesis of six to eight semester hours, and a demonstration of competence in the discipline of military art and science as evidenced by satisfactory performance on a general comprehensive examination. These requirements may be altered only with the approval of such association. The Secretary of the Army <sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> shall report annually to the Committees on Armed Services of the Senate and House of Representatives the following information: (1) the criteria which must be met to entitle a student to award of the degree, (2) whether such criteria have changed in any respect during the reporting year, (3) the number of students in the most recent resident course graduating class, (4) the number of such students who were enrolled in the master of military art and science program, and (5) the number of students successfully completing the master of military art and science program.”; and</content> </section> </quotedContent> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by adding the following new item at the end of the analysis of such chapter:</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <quotedContent> <toc> <referenceItem><designator>“4314. </designator><label>United States Army Command and General Staff College degree.”</label></referenceItem> </toc> </quotedContent> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Commandant of the United States Army Command and <sidenote><p class="firstIndent1 fontsize8">Retroactive degree conferral, limitation.</p></sidenote> General Staff College may confer the degree of master of military art and science upon graduates of the college who have completed the requirements for that degree since 1964 but prior to the enactment of this Act; but the number of such degrees awarded for such period <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s4314">10 USC 4314 note</ref>.</p></sidenote> may not exceed two hundred.</content> </subsection> </section> <page identifier="/us/stat/88/408">88 <inline class="smallCaps">Stat</inline>. 408</page> <section class="firstIndent1 fontsize10"> <num value="709"><inline class="smallCaps">Sec</inline>. 709. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Congress finds that the defense posture of the<sidenote><p class="firstIndent1 fontsize8">Proposed export of goods, technology and industrial techniques developed by DOD.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t50/s2403–1">50 USC app. 2403–1</ref>.</p></sidenote> United States may be seriously compromised if goods, technology, and industrial techniques which have been developed in whole or in part as a direct or indirect result of research and development programs or procurement programs financed in whole or in part with funds authorized by this or any other Act authorizing funds for the Department of Defense are exported to a controlled country without an adequate and knowledgeable assessment having been made to determine whether the export of such goods, technology, and techniques will significantly increase the present or potential military capability of any such country. It is the purpose of this section, therefore, to<sidenote><p class="firstIndent1 fontsize8">Notice to Secretary; review authorization.</p></sidenote> provide for such an assessment, to insure notice of proposed exports to the Secretary of Defense, and to authorize the Secretary of Defense to review the proposed export of goods, technology, or industrial techniques to any such country whenever he has reason to believe that the export of such goods, technology, or techniques will significantly increase the military capability of such country.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Effective upon enactment of this section, any application for<sidenote><p class="firstIndent1 fontsize8">Export application, review and assessment.</p></sidenote> the export of any goods, technology, or industrial techniques described in subsection (a) shall, before being eligible for export to a controlled country, be reviewed and assessed by the Secretary of Defense for the purpose of determining whether the export of such goods, technology or techniques will significantly increase the present or potential military capability of such country.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">If the Secretary of Defense determines, after his review and<sidenote><p class="firstIndent1 fontsize8">Recommendation to President for disapproval.</p></sidenote> assessment, that the export of such goods, technology or industrial techniques will in his judgment significantly increase the present or potential military capability of any controlled country, he shall recommend to the President that the application for export be disapproved. In any case in which the President disagrees with a recommendation <sidenote><p class="firstIndent1 fontsize8">Presidential statement to Congress.</p></sidenote> made by the Secretary of Defense to prohibit the export of such goods, technology, or techniques to a controlled country, the President shall submit to the Congress a statement indicating his disagreement with the Secretary of Defense together with the recommendation of the Secretary of Defense. The application for the export of any such goods, technology, or techniques may be approved after submission by the President of his statement and the recommendation of the Secretary of Defense to the Congress and 60 days of continuous session of the Congress has elapsed following such submission unless within such 60 day period Congress has adopted a concurrent resolution disapproving the application for the export of such goods, technology, or techniques.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">As used in this section (1) the term “controlled country” means<sidenote><p class="firstIndent1 fontsize8">“Controlled country.”</p></sidenote> the Soviet Union, Poland, Romania, Hungary, Bulgaria, Czechoslovakia, the German Democratic Republic (East Germany), and such other countries as may be designated by the Secretary of Defense, and (2) the term “days of continuous session of the Congress” shall not<sidenote><p class="firstIndent1 fontsize8">“Days of continuous session of the Congress.”</p></sidenote> include days on which either House of Congress is not in session because of an adjournment of more than three days.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The Secretary of Defense shall submit to the Congress a written report on his implementation of this section not later than 30 days after the close of each quarter of each fiscal year. Each such report shall, among other things, identify each instance in which the Secretary<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> recommended to the President that exports be disapproved and the action finally taken by the executive branch on the matter.</content> </subsection> </section> <num value="VIII">TITLE VIII—</num> <heading class="inline">NUCLEAR POWERED NAVY</heading> <section class="firstIndent1 fontsize10"> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <content class="inline">It is the policy of the United States of America to modernize <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s7291">10 USC 7291 note</ref>.</p></sidenote> the strike forces of the United States Navy by the construction<page identifier="/us/stat/88/409">88 <inline class="smallCaps">Stat</inline>. 409</page> of nuclear powered major combatant vessels and to provide for an adequate industrial base for the research, development, design, construction, operation, and maintenance for such vessels. New construction major combatant vessels for the strike forces of the United States Navy authorized subsequent to the date of the enactment of this Act becomes law shall be nuclear powered, except as provided in this title.</content> </section> <section class="firstIndent1 fontsize10"> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num> <chapeau class="inline">For the purposes of this title, the term “major combatant <sidenote><p class="firstIndent1 fontsize8">“Major combatant vessels for the strike forces of the United States Navy.”</p></sidenote> vessels for the strike forces of the United States Navy” means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">combatant submarines for strategic or tactical missions, or both;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">combatant vessels intended to operate in combat in aircraft <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s7291">10 USC 7291 note</ref>.</p></sidenote> carrier task groups (that is, aircraft carriers and the cruisers, frigates, and destroyers which accompany aircraft carriers); and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">those types of combatant vessels referred to in clauses (1) and (2) above designed for independent combat missions where essentially unlimited high speed endurance will be of significant military value.</content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <num value="803"><inline class="smallCaps">Sec</inline>. 803. </num> <content class="inline">The Secretary of Defense shall submit to Congress each <sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s7291">10 USC 7291 note</ref>.</p></sidenote> calendar year, at the same time the President submits the budget to Congress under section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11), a written report regarding the application of nuclear propulsion to major combatant vessels for the strike forces of the United States Navy. The report shall identify contract placement <sidenote><p class="firstIndent1 fontsize8">Department of Defense Five Year Program.</p></sidenote> dates for their construction and shall identify the Department of Defense Five Year Defense Program for construction of nuclear powered major combatant vessels for the strike forces of the United States Navy.</content> </section> <section class="firstIndent1 fontsize10"> <num value="804"><inline class="smallCaps">Sec</inline>. 804. </num> <content> <p class="inline">All requests for authorizations or appropriations from <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t10/s7291">10 USC 7291 note</ref>.</p></sidenote> Congress for major combatant vessels for the strike forces of the United States Navy shall be for construction of nuclear powered major combatant vessels for such forces unless and until the President has fully advised the Congress that construction of nuclear powered vessels for such purpose is not in the national interest. Such report of the President to the Congress shall include for consideration by Congress an alternate program of nuclear powered ships with appropriate design, cost, and schedule information.</p> <p class="indent0 firstIndent1 fontsize10">This Act may be cited as the “Department of Defense Appropriation <sidenote><p class="firstIndent1 fontsize8">Short title.</p></sidenote> Authorization Act, 1975”.</p> </content> </section> Approved August 5, 1974.
Public Law 93–366: To amend the Federal Aviation Act of 1958 to implement the Convention for the Suppression of Unlawful Seizure of Aircraft; to provide a more effective program to prevent aircraft piracy; and for other purposes. Public Law 366 88 Stat. 409 1974-08-05 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–366
An Act To amend the Federal Aviation Act of 1958 to implement the Convention for the Suppression of Unlawful Seizure of Aircraft; to provide a more effective program to prevent aircraft piracy; and for other purposes.

August 5, 1974

[S. 39]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Federal Aviation Act of 1958, amendments.

 <num value="I">TITLE I—</num> <heading class="inline">ANTIHIJACKING ACT OF 1974</heading> <sidenote><p class="firstIndent1 fontsize8">Antihijacking Act of 1974.</p><p class="firstIndent1 fontsize8">49 USC 1301 note.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This title may be cited as the “Antihijacking Act of 1974”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">Section 101(32) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(32)), relating to the definition of the term “special aircraft jurisdiction of the United States”, is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="32">“(32) </num> <chapeau class="inline">The term ‘special aircraft jurisdiction of the United States’ <sidenote><p class="firstIndent1 fontsize8">“Special aircraft jurisdiction of the United States.”</p></sidenote> includes—</chapeau> <level> <content class="indent0 firstIndent1 fontsize10"> <list> <listItem> <num value="a">“(a) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">civil aircraft of the United States;</listContent></listItem> <listItem> <num value="b"><page identifier="/us/stat/88/410">88 <inline class="smallCaps">Stat</inline>. 410</page>“(b) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">aircraft of the national defense forces of the United States;</listContent></listItem> <listItem> <num value="c">“(c) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">any other aircraft within the United States;</listContent></listItem> <listItem> <num value="d">“(d) </num> <listContent class="indent1 firstIndent1 fontsize10 depth0">any other aircraft outside the United States—</listContent> <list> <listItem> <num value="ii">“(i) </num> <listContent class="indent2 firstIndent1 fontsize10 depth1">that has its next scheduled destination or last point of departure in the United States, if that aircraft next actually lands in the United States; or</listContent></listItem> <listItem> <num value="ii">“(ii) </num> <listContent class="indent2 firstIndent1 fontsize10 depth1">having ‘an offense’, as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft, committed<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1641">22 UST 1641</ref>.</p></sidenote> aboard, if that aircraft lands in the United States with the alleged offender still aboard; and</listContent></listItem> </list> </listItem> <listItem> <num value="e">“(e) </num> <listContent class="indent0 firstIndent1 fontsize10 depth0">other aircraft leased without crew to a lessee who has his principal place of business in the United States, or if none, who has his permanent residence! in the United States;</listContent></listItem> </list> </content> </level> </paragraph> </quotedContent> <p class="inline">while that aircraft is in flight, which is from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the aircraft and for the persons and property aboard.”.</p> </content> </section> <section class="firstIndent1 fontsize10"> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Paragraph (2) of subsection (i) of section 902 of such<sidenote><p class="firstIndent1 fontsize8">Aircraft piracy.</p></sidenote> Act (49 U.S.C. 1472), relating to the definition of the term “aircraft piracy”, is amended by striking out “<quotedText>threat of force or violence and</quotedText>” inserting in lieu thereof “<quotedText>threat of force or violence, or by any other form of intimidation, and</quotedText>”.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 902 of such Act is further amended by redesignating subsections (n) and (o) as subsections (o) and (p), respectively, and by inserting immediately after subsection (m) the following new subsection: <quotedContent> <section> <heading class="smallCaps centered">“aircraft piracy outside special aircraft jurisdiction of the united states</heading> <subsection class="firstIndent1 fontsize10"> <num value="n">“(n) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Whoever aboard an aircraft in flight outside the special aircraft <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> jurisdiction of the United States commits ‘an offense’, as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft, and is afterward found in the United States shall be punished—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">by imprisonment for not less than 20 years; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">if the death of another person results from the commission or attempted commission of the offense, by death or by imprisonment for life.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">A person commits ‘an offense’, as defined in the Convention for the Suppression of Unlawful Seizure of Aircraft when, while aboard an aircraft in flight, he—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">unlawfully, by force or threat thereof, or by any other form of intimidation, seizes, or exercises control of, that aircraft, or attempts to perform any such act; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">is an accomplice of a person who performs or attempts to perform any such act.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">This subsection shall only be applicable if the place of takeoff or the place of actual landing of the aircraft on board which the offense, as defined in paragraph (2) of this subsection, is committed is situated outside the territory of the State of registration of that aircraft.</content> </paragraph> <page identifier="/us/stat/88/411">88 <inline class="smallCaps">Stat</inline>. 411</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">For purposes of this subsection an aircraft is considered to be in flight from the moment when all the external doors are closed following embarkation until the moment when one such door is opened for disembarkation, or in the case of a forced landing, until the competent authorities take over responsibility for the aircraft and for the persons and property aboard.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Subsection (o) of such section 902, as so redesignated by subsection <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 410.</p></sidenote>(b) of this section, is amended by striking out “<quotedText>subsections (i) through (m)</quotedText>” and inserting in lieu thereof “<quotedText>subsections (i) through (n)</quotedText>”.</content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 902(i) (1) is the Federal Aviation Act of 1958 <sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> (49 U.S.C. 1472(i) (1)) is amended to read as follows: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">Whoever commits or attempts to commit aircraft piracy, as herein defined, shall be punished—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">by imprisonment for not less than 20 years; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">if the death of another person results from the commission or attempted commission of the offense, by death or by imprisonment for life.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Section 902(i) of such Act is further amended by adding at <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">An attempt to commit aircraft piracy shall be within the special aircraft jurisdiction of the United States even though the aircraft is not in flight at the time of such attempt if the aircraft would have been within the special aircraft jurisdiction of the United States had the offense of aircraft piracy been completed.”.</content> </paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <content class="inline">Section 903 of the Federal Aviation Act of 1958 (49 U.S.C. 1473), relating to venue and prosecution of offenses, is amended by adding at the end thereof the following new subsection: <quotedContent> <section> <heading class="smallCaps centered">“procedure in respect of penalty for aircraft piracy</heading> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">A person shall be subjected to the penalty of death for any offense prohibited by section 902(i) or 902 (n) of this Act only if a <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 410.</p></sidenote> hearing is held in accordance with this subsection.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">When a defendant is found guilty of or pleads guilty to an <sidenote><p class="firstIndent1 fontsize8">Sentencing hearing.</p></sidenote> offense under section 902(i) or 902(n) of this Act for which one of the sentences provided is death, the judge who presided at the trial or before whom the guilty plea was entered shall conduct a separate sentencing hearing to determine the existence or nonexistence of the factors set forth in paragraphs (6) and (7), for the purpose of determining the sentence to be imposed. The hearing shall not be held if the Government stipulates that none of the aggravating factors set forth in paragraph (7) exists or that one or more of the mitigating factors set forth in paragraph (6) exists. The hearings shall be conducted—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">before the jury which determined the defendant’s guilt;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">before a jury impaneled for the purpose of the hearing if—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the defendant was convicted upon a plea of guilty;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the defendant was convicted after a trial before the court sitting without a jury; or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">the jury which determined the defendant’s guilt has been discharged by the court for good cause; or</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">before the court alone, upon the motion of the defendant and with the approval of the court and of the Government.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/412">88 <inline class="smallCaps">Stat</inline>. 412</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">In the sentencing hearing the court shall disclose to the<sidenote><p class="firstIndent1 fontsize8">Disclosure.</p></sidenote> defendant or his counsel all material contained in any presentence report, if one has been prepared, except such material as the court determines is required to be withheld for the protection of human life or for the protection of the national security. Any presentence information withheld from the defendant shall not be considered in determining the existence or the nonexistence of the factors set forth in paragraph (6) or (7). Any information relevant to any of the mitigating factors set forth in paragraph (6) may be presented by either the Government or the defendant, regardless of its admissibility under the rules governing admission of evidence at criminal trials; but the admissibility of information relevant to any of the aggravating factors set forth in paragraph (7) shall be governed by the rules governing the admission of evidence at criminal trials. The Government and the<sidenote><p class="firstIndent1 fontsize8">Rebuttals.</p></sidenote> defendant shall be permitted to rebut any information received at the hearing, and shall be given fair opportunity to present argument as to the adequacy of the information to establish the existence of any of the factors set forth in paragraph (6) or (7). The burden of establishing the existence of any of the factors set forth in paragraph (7) is on the Government. The burden of establishing the existence of any of the factors set forth in paragraph (6) is on the defendant.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The jury or, if there is no jury, the court shall return a special<sidenote><p class="firstIndent1 fontsize8">Special verdict.</p></sidenote> verdict setting forth its findings as to the existence or nonexistence of each of the factors set forth in paragraph (6) and as to the existence or nonexistence of each of the factors set forth in paragraph (7).</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">If the jury or, if there is no jury, the court finds by a preponderance <sidenote><p class="firstIndent1 fontsize8">Death sentence.</p></sidenote> of the information that one or more of the factors set forth in paragraph (7) exists and that none of the factors set forth in paragraph (6) exists, the court shall sentence the defendant to death. If the jury or, if there is no jury, the court finds that none of the aggravating factors set forth in paragraph (7) exists, or finds that one or more of the mitigating factors set forth in paragraph (6) exists, the court shall not sentence the defendant to death but shall impose any other sentence provided for the offense for which the defendant was convicted.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="6">“(6) </num> <chapeau class="inline">The court shall not impose the sentence of death on the defendant <sidenote><p class="firstIndent1 fontsize8">Exceptions.</p></sidenote> if the jury or, if there is no jury, the court finds by a special verdict as provided in paragraph (4) that at the time of the offense—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">he was under the age of eighteen;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">his capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law was significantly impaired, but not so impaired as to constitute a defense to prosecution;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">he was under unusual and substantial duress, although not such duress as to constitute a defense to prosecution;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">he was a principal (as defined in section 2(a) of title 18 of the United States Code) in the offense, which was committed by another, but his participation was relatively minor, although not so minor as to constitute a defense to prosecution; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="E">“(E) </num> <content class="inline">he could not reasonably have foreseen that his conduct in the course of the commission of the offense for which he was convicted would cause, or would create a grave risk of causing death to another person,</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="7">“(7) </num> <chapeau class="inline">If no factor set forth in paragraph (6) is present, the court<sidenote><p class="firstIndent1 fontsize8">Death sentence, imposition.</p></sidenote><page identifier="/us/stat/88/413">88 <inline class="smallCaps">Stat</inline>. 413</page> shall impose the sentence of death on the defendant if the jury or, if there is no jury, the court finds by a special verdict as provided in paragraph (4) that—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the death of another person resulted from the commission of the offense but after the defendant had seized or exercised control of the aircraft; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">the death of another person resulted from the commission or attempted commission of the offense, and—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">“(i) </num> <content class="inline">the defendant has been convicted of another Federal or State offense (committed either before or at the time of the commission or attempted commission of the offense) for which a sentence of life imprisonment or death was imposable;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the defendant has previously been convicted of two or more State or Federal offenses with a penalty of more than one year imprisonment (committed on different occasions before the time of the commission or attempted commission of the offense), involving the infliction of serious bodily injury upon another person;</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">in the commission or attempted commission of the offense, the defendant knowingly created a grave risk of death to another person in addition to the victim of the offense or attempted offense; or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">the defendant committed or attempted to commit the offense in an especially heinous, cruel, or depraved manner.”.</content> </clause> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="106"><inline class="smallCaps">Sec</inline>. 106. </num> <content class="inline">Title XI of such Act (49 U.S.C. 1501–1513) is amended by adding at the end thereof the following new sections: <quotedContent> <appropriations level="intermediate"> <heading>“Suspension of Air Services</heading> <section> <num value="1114">“<inline class="smallCaps">Sec</inline>. 1114. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Whenever the President determines that a foreign <sidenote><p class="firstIndent1 fontsize8">Foreign nations aiding terrorists groups.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1514">49 USC 1514</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s1641">22 UST 1641</ref>.</p></sidenote> nation is acting in a manner inconsistent with the Convention for the Suppression of Unlawful Seizure of Aircraft, or if he determines that a foreign nation permits the use of territory under its jurisdiction as a base of operations or training or as a sanctuary for, or in any way arms, aids, or abets, any terrorist organization which knowingly uses the illegal seizure of aircraft or the threat thereof as an instrument of policy, he may, without notice or hearing and for as long as he determines necessary to assure the security of aircraft against unlawful seizure, suspend (1) the right of any air carrier or foreign air carrier to engage in foreign air transportation, and the right of any person to operate aircraft in foreign air commerce, to and from that foreign nation, and (2) the right of any foreign air carrier to engage in foreign air transportation, and the right of any foreign person to operate aircraft in foreign air commerce, between the United States and any foreign nation which maintains air service between itself and that foreign nation. Notwithstanding section 1102 of this Act, the President’s authority to suspend rights under this section shall be deemed to be a condition to any certificate of public convenience and necessity or foreign air carrier or foreign aircraft permit issued by the Civil Aeronautics Board and any air carrier operating certificate or foreign air carrier operating specification issued by the Secretary of Transportation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">It shall be unlawful for any air carrier or foreign air carrier to engage in foreign air transportation, or for any person to operate<page identifier="/us/stat/88/414">88 <inline class="smallCaps">Stat</inline>. 414</page> aircraft in foreign air commerce, in violation of the suspension of rights by the President under this section.</content> </subsection> </section> </appropriations> <appropriations level="intermediate"> <heading>“Security Standards in Foreign Air Transportation</heading> <section> <num value="1115">“<inline class="smallCaps">Sec</inline>. 1115. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Not later than 30 days after the date of enactment of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1515">49 USC 1515</ref>.</p></sidenote> this section, the Secretary of State shall notify each nation with which the United States has a bilateral air transport agreement or, in the absence of such agreement, each nation whose airline or airlines hold a foreign air carrier permit or permits issued pursuant to section 402 of this Act, of the provisions of subsection (b) of this section.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1372">49 USC 1372</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">In any case where the Secretary of Transportation, after consultation with the competent aeronautical authorities of a foreign nation with which the United States has a bilateral air transport agreement and in accordance with the provisions of that agreement or, in the absence of such agreement, of a nation whose airline or airlines hold a foreign air carrier permit or permits issued pursuant to section 402 of this Act, finds that such nation does not effectively maintain and administer security measures relating to transportation of persons or property or mail in foreign air transportation that are equal to or above the minimum standards which are established pursuant to the Convention on International Civil Aviation, he shall notify that nation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/61/1180">61 Stat. 1180</ref>.</p></sidenote> of such finding and the steps considered necessary to bring the security measures of that nation to standards at least equal to the minimum standards of such convention. In the event of failure of that nation to take such steps, the Secretary of Transportation, with the approval of the Secretary of State, may withhold, revoke, or impose conditions on the operating authority of the airline or airlines of that nation.”.</content> </subsection> </section> </appropriations> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="107"><inline class="smallCaps">Sec</inline>. 107. </num> <content class="inline">The first sentence of section 901(a)(1) of such Act (49 U.S.C. 1471 (a) (1)), relating to civil penalties, is amended by inserting “<quotedText>, or of section 1114,</quotedText>” immediately before “<quotedText>of this Act</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 413.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <num value="108"><inline class="smallCaps">Sec</inline>. 108. </num> <content class="inline">Subsection (a) of section 1007 of such Act (49 U.S.C. 1487), relating to judicial enforcement, is amended by inserting “<quotedText>or, in the case of a violation of section 1114 of this Act, the Attorney General,</quotedText>” immediately after “<quotedText>duly authorized agents,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="109"><inline class="smallCaps">Sec</inline>. 109. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the side heading <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 902. </designator><label>Criminal penalties.”</label></referenceItem> </toc> </quotedContent> <p class="inline">is amended by striking out—</p> <quotedContent> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(n) Investigations by the Federal Bureau of Investigation,</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(o) Interference with aircraft accident investigation.”</label></referenceItem> </referenceItem> </toc> </quotedContent> <p class="inline">and inserting in lieu thereof—</p> <quotedContent> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(n) Aircraft piracy outside special aircraft jurisdiction of the United States,</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(o) Investigations by Federal Bureau of Investigation,</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(p) Interference with aircraft accident investigation.”.</label></referenceItem> </referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">That portion of such table of contents which appears under the side heading <toc> <referenceItem role="section"><designator>“Sec. 903. </designator><label>Venue and prosecution of offenses.”</label></referenceItem> </toc> <p class="inline">is amended by adding at the end thereof the following new item:</p> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(c) Procedure in respect of penalty for aircraft piracy.”.</label></referenceItem> </referenceItem> </toc> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">That portion of such table of contents which appears under the center heading “TITLE XI—MISCELLANEOUS” is amended by adding at the end thereof the following new items: <toc> <referenceItem role="section"><designator>“Sec. 1114. </designator><label>Suspension of air services.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 1115. </designator><label>Security standards in foreign air transportation.”.</label></referenceItem> </toc> </content> </subsection> </section> 88 Stat. 415 <num value="II">TITLE II—</num> <heading class="inline">AIR TRANSPORTATION SECURITY ACT OF 1974</heading> <sidenote><p class="firstIndent1 fontsize8">Air Transportation Security Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <content class="inline">This title may be cited as the “Air Transportation Security <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1356">49 USC 1356 note</ref>.</p></sidenote> Act of 1974”.</content> </section> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <content class="inline">Title III of the Federal Aviation Act of 1958 (49 U.S.C. 1341–1355), relating to organization of the Federal Aviation Administration and the powers and duties of the Administrator, is amended by adding at the end thereof the following new sections: <quotedContent> <appropriations level="intermediate"> <heading>“Screening of Passengers</heading> <section> <heading class="smallCaps centered">“procedures and facilities</heading> <section class="firstIndent1 fontsize10"> <num value="315">“<inline class="smallCaps">Sec</inline>. 315. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Administrator shall prescribe or continue in <sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1356">49 USC 1356</ref>.</p></sidenote> effect reasonable regulations requiring that all passengers and all property intended to be carried in the aircraft cabin in air transportation or intrastate air transportation be screened by weapon-detecting procedures or facilities employed or operated by employees or agents of the air carrier, intrastate air carrier, or foreign air carrier prior to boarding the aircraft for such transportation. One year after the date of enactment of this section or after the effective date of such regulations, whichever is later, the Administrator may alter or amend such regulations, requiring a continuation of such screening only to the extent deemed necessary to assure security against acts of criminal violence and aircraft piracy in air transportation and intrastate air transportation. The Administrator shall submit semiannual reports to the <sidenote><p class="firstIndent1 fontsize8">Reports to Congress.</p></sidenote> Congress concerning the effectiveness of screening procedures under this subsection and shall advise the Congress of any regulations or amendments thereto to be prescribed pursuant to this subsection at least 30 days in advance of their effective date, unless he determines <sidenote><p class="firstIndent1 fontsize8">Emergency, notification of Congress.</p></sidenote> that an emergency exists which requires that such regulations or amendments take effect in less than 30 days and notifies the Congress of his determination.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">“exemption authority</heading> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">The Administrator may exempt from the provisions of this section, in whole or in part, air transportation operations, other than those scheduled passenger operations performed by air carriers engaging in interstate, overseas, or foreign air transportation under a certificate of public convenience and necessity issued by the Civil Aeronautics Board under section 401 of this Act or under a foreign air <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1371">49 USC 1371</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1372">49 USC 1372</ref>.</p></sidenote> carrier permit issued by the Board under section 402 of this Act. </content> </subsection> </section> </appropriations> <appropriations level="intermediate"> <heading>“Air Transportation Security</heading> <section> <heading class="smallCaps centered">“rules and regulations</heading> <section class="firstIndent1 fontsize10"> <num value="316">“<inline class="smallCaps">Sec</inline>. 316. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Administrator of the Federal Aviation <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1357">49 USC 1357</ref>.</p></sidenote> Administration shall prescribe such reasonable rules and regulations requiring such practices, methods, and procedures, or governing the design, materials, and construction of aircraft, as he may deem necessary to protect persons and property aboard aircraft operating in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">In prescribing and amending rules and regulations under paragraph (1) of this subsection, the Administrator shall—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">consult with the Secretary of Transportation, the Attorney General, and such other Federal, State, and local agencies as he may deem appropriate;</content> </subparagraph> <page identifier="/us/stat/88/416">88 <inline class="smallCaps">Stat</inline>. 416</page> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">consider whether any proposed rule or regulation is consistent with protection of passengers in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy and the public interest in the promotion of air transportation and intrastate air transportation;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">to the maximum extent practicable, require uniform procedures for the inspection, detention, and search of persons and property in air transportation and intrastate air transportation to assure their safety and to assure that they will receive courteous and efficient treatment, by air carriers, their agents and employees, and by Federal, State, and local law enforcement personnel engaged in carrying out any air transportation security program established under this section; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="D">“(D) </num> <content class="inline">consider the extent to which any proposed rule or regulation will contribute to carrying out the purposes of this section.</content> </subparagraph> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“personnel</heading> <section class="firstIndent1 fontsize10"> <subsection class="inline"> <num value="b">“(b) </num> <chapeau class="inline">Regulations prescribed under subsection (a) of this section shall require operators of airports regularly serving air carriers certificated by the Civil Aeronautics Board to establish air transportation security programs providing a law enforcement presence and capability at such airports adequate to insure the safety of persons traveling in air transportation or intrastate air transportation from acts of criminal violence and aircraft piracy. Such regulations shall authorize such airport operators to utilize the services of qualified State, local, and private law enforcement personnel whose services are made available by their employers. In any case in which the Administrator determines, after receipt of notification from an airport operator in such form as the Administrator may prescribe, that qualified State, local, and private law enforcement personnel are not available in sufficient numbers to carry out the provisions of subsection (a) of this section, the Administrator may, by order, authorize such airport operator to utilize, on a reimbursable basis, the services of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">personnel employed by any other Federal department or agency, with the consent of the head of such department or agency; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">personnel employed directly by the Administrator;</content> </paragraph> <chapeau class="inline">at the airport concerned in such numbers and for such period of time as the Administrator may deem necessary to supplement such State, local, and private law enforcement personnel. In making the determination referred to in the preceding sentence the Administrator shall take into consideration—</chapeau> <paragraph class="indent0 firstIndent1 fontsize10"> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">the number of passengers enplaned at such airport;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">the extent of anticipated risk of criminal violence and aircraft piracy at such airport or to the air carrier aircraft operations at such airport; and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">the availability at such airport of qualified State or local law enforcement personnel.</content> </subparagraph> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">“training</heading> <subsection class="firstIndent1 fontsize10"> <num value="c">“(c) </num> <content class="inline">The Administrator may provide training for personnel employed by him to carry out any air transportation security program established under this section and for other personnel, including State, local, and private law enforcement personnel, whose services may be utilized in carrying out any such air transportation security program. The Administrator shall prescribe uniform standards with respect to<sidenote><p class="firstIndent1 fontsize8">Standards.</p></sidenote> training provided personnel whose services are utilized to enforce any such air transportation security program, including State, local, and<page identifier="/us/stat/88/417">88 <inline class="smallCaps">Stat</inline>. 417</page> private law enforcement personnel, and uniform standards with respect to minimum qualifications for personnel eligible to receive such training.</content> </subsection> </section> <section> <heading class="smallCaps centered">“research and development; confidential information</heading> <subsection class="firstIndent1 fontsize10"> <num value="d">“(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Administrator shall conduct such research (including behavioral research) and development as he may deem appropriate to develop, modify, test, and evaluate systems, procedures, facilities, and devices to protect persons and property aboard aircraft in air transportation or intrastate air transportation against acts of criminal violence and aircraft piracy.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Notwithstanding section 552 of title 5, United States Code, <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> relating to freedom of information, the Administrator shall prescribe such regulations as he may deem necessary to prohibit disclosure of any information obtained or developed in the conduct of research and development activities under this subsection if, in the opinion of the Administrator, the disclosure of such information—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">“(A) </num> <content class="inline">would constitute an unwarranted invasion of personal privacy (including, but not limited to, information contained in any personnel, medical, or similar file) ;</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">“(B) </num> <content class="inline">would reveal trade secrets or privileged or confidential commercial or financial information obtained from any person; or</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">“(C) </num> <content class="inline">would be detrimental to the safety of persons traveling in air transportation.</content> </subparagraph> </paragraph> <continuation class="inline">Nothing in this subsection shall be construed to authorize the withholding of information from the duly authorized committees of the Congress.</continuation> </subsection> </section> <section> <heading class="smallCaps centered">“overall federal responsibility</heading> <subsection class="firstIndent1 fontsize10"> <num value="e">“(e) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as otherwise specifically provided by law, no power, function, or duty of the Administrator of the Federal Aviation Administration under this section shall be assigned or transferred to any other Federal department or agency.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration shall have exclusive responsibility for the direction of any law enforcement activity affecting the safety of persons aboard aircraft in flight involved in the commission of an offense under section 902(i) or 902 (n) of this Act. Other Federal departments and agencies shall, upon request by the Administrator, provide such assistance as may be necessary to carry out the purposes of this paragraph.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">For the purposes of this subsection, an aircraft is considered in flight from the moment when all external doors are closed following embarkation until the moment when one such door is opened for disembarkation.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“definition</heading> <subsection class="firstIndent1 fontsize10"> <num value="f">“(f) </num> <chapeau class="inline">For the purposes of this section, the term ‘law enforcement personnel’ means individuals—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">authorized to carry and use firearms,</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">vested with such police power of arrest as the Administrator deems necessary to carry out this section, and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">identifiable by appropriate indicia of authority.”.</content> </paragraph> </subsection> </section> </appropriations> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="203">Sec. 203. </num> <content class="inline">Section 902(1) of the Federal Aviation Act of 1958 is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1472">49 USC 1472</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“carrying weapons or explosives aboard aircraft</heading> <subsection class="firstIndent1 fontsize10"> <num value="l">“(l) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Whoever, while aboard, or while attempting to board, any aircraft in, or intended for operation in, air transportation or intra-<page identifier="/us/stat/88/418">88 <inline class="smallCaps">Stat</inline>. 418</page>state air transportation, has on or about his person or his property a concealed deadly or dangerous weapon, which is, or would be, accessible to such person in flight, or any person who has on or about his person, or who has placed, attempted to place, or attempted to have placed aboard such aircraft any bomb, or similar explosive or incendiary device, shall be fined not more than $1,000 or imprisoned not more<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> than one year, or both.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Whoever willfully and without regard for the safety of human<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> life, or with reckless disregard for the safety of human life, shall commit an act prohibited by paragraph (1) of this subsection, shall be fined not more than $5,000 or imprisoned not more than five years, or both.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">This subsection shall not apply to law enforcement officers of<sidenote><p class="firstIndent1 fontsize8">Exceptions. </p></sidenote> any municipal or State government, or the Federal Government, who are authorized or required within their official capacities to carry arms, or to persons who may be authorized, under regulations issued by the Administrator, to carry deadly or dangerous weapons in air transportation or intrastate air transportation; not shall it apply to persons transporting weapons contained in baggage which is not accessible to passengers in flight if the presence of such weapons has been declared to the air carrier.”</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <content class="inline">Section 1111 of the Federal Aviation Act of 1958 (49 U.S.C. 1511), relating to authority to refuse transportation, is amended to read as follows: <quotedContent> <appropriations level="intermediate"> <heading>“Authority to Refuse Transportation</heading> <section> <num value="1111">“<inline class="smallCaps">Sec</inline>. 1111. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Administrator shall, by regulation, require any air carrier, intrastate air carrier, or foreign air carrier to refuse to transport—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">any person who does not consent to a search of his person, as prescribed in section 315(a) of this Act, to determine whether<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 415.</p></sidenote> he is unlawfully carrying a dangerous weapon, explosive, or other destructive substance, or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">any property of any person who does not consent to a search or inspection of such property to determine whether it unlawfully contains a dangerous weapon, explosive, or other destructive substance.</content> </paragraph> <continuation class="inline">Subject to reasonable rules and regulations prescribed by the Administrator, any such carrier may also refuse transportation of a passenger or property when, in the opinion of the carrier, such transportation would or might be inimical to safety of flight.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Any agreement for the carriage of persons or property in air transportation or intrastate air transportation by an air carrier, intrastate air carrier, or foreign air carrier for compensation or hire shall be deemed to include an agreement that such carriage shall be refused when consent to search such persons or inspect such property for the purposes enumerated in subsection (a) of this section is not given.”.</content> </subsection> </section> </appropriations> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">Title XI of the Federal Aviation Act of 1958 (49 U.S.C. 1501–1513) is amended by adding at the end thereof the following new<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 413.</p></sidenote> section: <quotedContent> <appropriations level="intermediate"> <heading>“Liability for Certain Property</heading> <section> <num value="1116">“<inline class="smallCaps">Sec</inline>. 1116. </num> <content class="inline">The Civil Aeronautics Board shall issue such regulations<sidenote><p class="firstIndent1 fontsize8">Regulations.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t49/s1516">49 USC 1516</ref>.</p></sidenote> or orders as may be necessary to require that any air carrier receiving for transportation as baggage any property of a person traveling in air transportation, which property cannot lawfully be carried by such person in the aircraft cabin by reason of any Federal law or regulation, shall assume liability to such person, at a reasonable charge and sub-<page identifier="/us/stat/88/419">88 <inline class="smallCaps">Stat</inline>. 419</page>ject to reasonable terms and conditions, within the amount declared to the air carrier by such person, for the full actual loss or damage to such property caused by such air carrier.”.</content> </section> </appropriations> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">Section 101 of the Federal Aviation Act of 1958 (49 U.S.C. <sidenote><p class="firstIndent1 fontsize8">Definitions.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 409.</p></sidenote> 1301), relating to definitions, is amended by redesignating paragraphs (22) through (36) as paragraphs (24) through (38), respectively, and by inserting immediately after paragraph (21) the following new paragraphs: <quotedContent> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="22">“(22) </num> <content class="inline">‘Intrastate air carrier’ means any citizen of the United States who undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage solely in intrastate air transportation.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="23">“(23) </num> <content class="inline">‘Intrastate air transportation’ means the carriage of persons or property as a common carrier for compensation or hire, by turbojet-powered aircraft capable of carrying thirty or more persons, wholly within the same State of the United States.”.</content> </paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <num value="207">Sec. 207. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">That portion of the table of contents contained in the first section of the Federal Aviation Act of 1958 which appears under the center heading: “<inline class="smallCaps">Title III—Organization of Agency and Powers and Duties of Administrator</inline>” is amended by adding at the end thereof the following new items: <toc> <referenceItem role="section"><designator>“Sec. 315. </designator><label>Screening of passengers in air transportation.</label></referenceItem> <referenceItem role="section"><designator leaderAlign="right"/><label leaderAlign="right">“(a) Procedures and facilities.</label></referenceItem> <referenceItem role="section"><designator leaderAlign="right"/><label leaderAlign="right">“(b) Exemption authority.</label></referenceItem> <referenceItem role="section"><designator>“Sec. 316. </designator><label>Air transportation security.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(a) Rules and regulations.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(b) Personnel.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(c) Training.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(d) Research and development; confidential information.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(e) Overall Federal responsibility.</label></referenceItem> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(f) Definition.</label></referenceItem> </toc> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">That portion of such table of contents which appears under the side heading <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 902. </designator><label>Criminal penalties.”</label></referenceItem> </toc> </quotedContent> <p class="inline">is amended by striking out—</p> <quotedContent> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(1) Carrying weapons aboard aircraft.”</label></referenceItem> </referenceItem> </toc> </quotedContent> <p class="inline">and inserting in lieu thereof—</p> <quotedContent> <toc> <referenceItem role="section"><designator/><label/> <referenceItem><designator leaderAlign="right"/><label leaderAlign="right">“(1) Carrying weapons or explosives aboard aircraft.”.</label></referenceItem> </referenceItem> </toc> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">That portion of such table of contents which appears under the center heading “<inline class="smallCaps">Title XI—Miscellaneous</inline>” is amended by adding at the end thereof the following new item: <toc> <referenceItem role="section"><designator>“Sec. 1116. </designator><label>Liability for certain property.”.</label></referenceItem> </toc> </content> </subsection> </section> Approved August 5, 1974.
Public Law 93–367: To extend the expiration date of the Defense Production Act of 1950. Public Law 367 88 Stat. 419 1974-08-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–367
Joint Resolution To extend the expiration date of the Defense Production Act of 1950.

August 7, 1974

[S. J. Res. 228]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the first sentence of section 717 (a) of the Defense Production Act of 1950 is amended by

Ante, p. 280.

 striking out “July 30” and inserting in lieu thereof “September 30”.
Approved August 7, 1974.
Public Law 93–368: To exempt from duty certain equipment and repairs for vessels operated by or for any agency of the United States where the entries were made in connection with vessels arriving before January 5, 1971, and for other purposes. Public Law 368 88 Stat. 420 1974-08-07 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 420 Public Law 93–368
An Act To exempt from duty certain equipment and repairs for vessels operated by or for any agency of the United States where the entries were made in connection with vessels arriving before January 5, 1971, and for other purposes.

August 7, 1974

[H. R. 8217]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That sections 3114

Vessels.

Foreign repairs, duty exemption.

Unemployment and social security benefits.

19 USC 257 note.

 and 3115 of the Revised Statutes of the United States (19 U.S.C. 257 and 258) shall not apply to entries made in connection with arrivals before January 5, 1971, of vessels owned by the United States, or bareboat chartered to the United States, and operated by or for the account of any department or agency of the United States.
Sec. 2. On or after the date of the enactment of this Act, no department or agency of the United States shall be entitled to a refund of any duties paid before January 5, 1971, by any department or agency of the United States under section 3114 of the Revised Statutes of the United States.
Sec. 3. The last sentence of section 203(e) (2) of the Federal-State Extended Unemployment Compensation Act of 1970 (as added by section 20 of Public Law 93–233 and amended by section 2 of Public Law 93–256 and by section 2 of Public Law 93–329) is amended by striking

Ante, p 288.

 out “August 1, 1974” and inserting in lieu thereof “April 30, 1975”.
Sec. 4. (a) The second sentence of section 204(b) of the Emergency

26 USC 3304 note.

 Unemployment Compensation Act of 1971 is amended to read as follows: “Amounts appropriated as repayable advances and paid to the States under section 203 shall be repaid, without interest, as provided in section 905 (d) of the Social Security Act.”

42 USC 1105.

 (b) Section 903(b) of the Social Security Act is amended by striking

42 USC 1103.

 out paragraph (3).
Sec. 5. Section 1631 of the Social Security Act is amended by adding

42 USC 1383.

 the following at the end thereof:
“reimbursement to states for interim assistance payments “(g) (1) Notwithstanding subsection (d) (1) and subsection (b) as it relates to the payment of less than the correct amount of benefits, the Secretary may, upon written authorization by an individual, withhold benefits due with respect to that individual and may pay to a State (or a political subdivision thereof if agreed to by the Secretary and the State) from the benefits withheld an amount sufficient to reimburse the State (or political subdivision) for interim assistance furnished on behalf of the individual by the State (or political subdivision). (2) For purposes of this subsection, the term ‘benefits’ with respect

“Benefits.”

 to any individual means supplemental security income benefits under this title, and any State supplementary payments under section 1616

42 USC 1382e.

87 Stat. 155, 957.

 or under section 212 of Public Law 93–66 which the Secretary makes on behalf of a State (or political subdivision thereof), that the Secretary has determined to be due with respect to the individual at the time the Secretary makes the first payment of benefits. A cash advance made pursuant to subsection (a) (4) (A) shall not be considered as the first payment of benefits for purposes of the preceding sentence. 88 Stat. 421 “(3) For purposes of this subsection, the term ‘interim assistance’

“Interim assistance.”

 with respect to any individual means assistance financed from State or local funds and furnished for meeting basic needs during the period, beginning with the month in which the individual filed an application for benefits (as defined in paragraph (2)), for which he was eligible for such benefits. “(4) In order for a State to receive reimbursement under the provisions

Agreement.

 of paragraph (1), the State shall have in effect an agreement with the Secretary which shall provide— “(A) that if the Secretary makes payment to the State (or a political subdivision of the State as provided for under the agreement) in reimbursement for interim assistance (as defined in paragraph (3)) for any individual in an amount greater than the reimbursable amount authorized by paragraph (1), the State (or political subdivision) shall pay to the individual the balance of such payment in excess of the reimbursable amount as expeditiously as possible, but in any event within ten working days or a shorter period specified in the agreement; and “(B) that the State will comply with such other rules as the Secretary finds necessary to achieve efficient and effective administration of this subsection and to carry out the purposes of the program established by this title, including protection of hearing rights for any individual aggrieved by action taken by the State (or political subdivision) pursuant to this subsection. “(5) The provisions of subsection (c) shall not be applicable to any disagreement concerning payment by the Secretary to a State pursuant to the preceding provisions of this subsection nor the amount retained by the State (or political subdivision). “(6) The provisions of this subsection shall expire on June 30, 1976.

Effective date; report to Congress.

 At least sixty days prior to such expiration date, the Secretary shall submit to Congress a report assessing the effects of actions taken pursuant to this subsection, including the adequacy of interim assistance provided and the efficiency and effectiveness of the administration of such provisions. Such report may include such recommendations as the Secretary deems appropriate.”.
Sec. 6. (a) Section 1611 of the Social Security Act is amended—

Supplemental security income benefits.

42 USC 1382.

 (1) in subsection (a) (1) (A), by inserting “(or, if greater, the amount determined under section 1617)” immediately after “$1,752”; (2) in subsection (a) (2) (A), by inserting “(or, if greater, the amount determined under section 1617)” immediately after “$2,628”; (3) in subsection (b)(1), by inserting “(or, if greater, the amount determined under section 1617)” immediately after “$1,752”; and (4) in subsection (b)(2), by inserting “(or, if greater, the amount determined under section 1617)” immediately after “$2,628”. (b) Part A of title XVI of such Act is further amended by adding at the end thereof the following new section: 88 Stat. 422
“cost-of-living adjustments in benefits
“Sec. 1617. Whenever benefit amounts under title II are increased

42 USC 1382f.

42 USC 401.

 by any percentage effective with any month as a result of determination made under section 215 (i), each of the dollar amounts in effect

42 USC 415.

 for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), (b) (2) of section 1611, and subsection (a) (1) (A) of section 211 of

Ante, p. 421.

87 Stat. 154, 953.

 Public Law 93–66, as specified in such subsections or as previously increased under this section, shall be increased by the same percentage (and rounded, when not a multiple of $1.20, to the next higher multiple of $1.20), effective with respect to benefits for months after such month; and such dollar amounts as so increased shall be published in

Publication in Federal Register.

 the Federal Register together with, and at the same time as, the material required by section 215 (i) (2) (D) to be published therein by

42 USC 415.

 reason of such determination.”
Sec. 7. (a) Section 15(c) (2) of Public Law 93–233 is amended by

42 USC 1395x note.

 striking out “December 1, 1974” and inserting in lieu thereof “March 1, 1975”, and by striking out “July 1, 1975” and inserting in lieu thereof “March 1, 1976”. (b) Section 15(c) (5) of Public Law 93–233 is amended by striking out “March 1, 1975” and inserting in lieu thereof “June 1, 1975”, and by striking out “October 1, 1975” and inserting in lieu thereof “June 1, 1976”. (c) Section 15(d) of Public Law 93–233 is amended by striking out “January 1, 1975, except that if the Secretary of Health, Education, and Welfare determines that additional time is required to prepare the report required by subsection (c), he may, by regulation, extend the applicability of the provisions of subsection (a) to cost accounting periods beginning after June 30, 1975” and inserting in lieu thereof “July 1, 1976”.
Sec. 8. Section 249B of the Social Security Amendments of 1972

42 USC 1396b note.

 is amended by striking out “June 30, 1974” and inserting in lieu thereof “June 30, 1977”.
Sec. 9. (a) Section 1902(a) (14) (B) (i) of the Social Security Act

42 USC 1396a.

 (relating to certain cost-sharing fees required to be paid by some individuals under medicaid) is amended by striking out “shall” and inserting in lieu thereof “may”. (b) The amendment made by subsection (a) shall be effective

Effective date.

42 USC 1396a note.

 January 1, 1973.
Sec. 10. (a) Section 211 (a) (1) of the Social Security Act is amended

42 USC 411.

 by inserting after “material participation by the owner or tenant” each time it occurs the following: “(as determined without regard to any activities of an agent of such owner or tenant)”. (b) Section 1402(a) (1) of the Internal Revenue Code of 1954 (relating

26 USC 1402.

 to definition of net earnings from self-employment) is amended by inserting after “material participation by the owner or tenant” each time it occurs the following: “(as determined without regard to any activities of an agent of such owner or tenant)”. (c) The amendments made by this section shall apply with respect

42 USC 411 note.

 to taxable years beginning after December 31, 1973.
Sec. 11. (a) The staff of the Joint Committee on Internal Revenue

Study and investigation.

50 USC app. 1212 note.

50 USC app. 1211 note.

 Taxation shall conduct a comprehensive study and investigation of the operation and effect of the Renegotiation Act of 1951, as amended, with a view to determining whether such Act should be extended beyond December 31, 1975, and, if so, how the administration of such88 Stat. 423 Act can be improved. The Joint Committee staff shall specifically consider whether exemption criteria and the statutory factors for determining excessive profits should be changed to make the Act fairer and more effective and more objective. The Joint Committee staff shall also consider whether the Renegotiation Board should be restructured. (b) In conducting such study and investigation the staff of the

Consultation.

 Joint Committee on Internal Revenue Taxation shall consult with the staffs of the Renegotiation Board, the General Accounting Office, the Cost Accounting Standards Board, and the Joint Economic Committee. (c) The staff of the Joint Committee on Internal Revenue Taxation

Report to congressional committees.

 shall submit the results of its study and investigation to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate on or before September 30, 1975, together with such recommendations as it deems appropriate.
Approved August 7, 1974.
Public Law 93–369: To amend the provisions of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities. Public Law 369 88 Stat. 423 1974-08-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–369
An Act To amend the provisions of the Perishable Agricultural Commodities Act, 1930, relating to practices in the marketing of perishable agricultural commodities.

August 10, 1974

[H. R. 13264]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Perishable Agricultural Commodities Act, 1930, amendment.
That subsection (5) of section 2 of the Perishable Agricultural Commodities Act, 1930, as amended (7 U.S.C. 499b(5)), is hereby amended by striking out the semicolon at the end thereof and substituting a colon and the following: “Provided, That any commission merchant, dealer, or broker who has violated this subsection may, with the consent of the Secretary,

Violation, penalty.

 admit the violation or violations and pay a monetary penalty not to exceed $2,000 in lieu of a formal proceeding for the suspension or revocation of license, any payment so made to be deposited into the Treasury of the United States as miscellaneous receipts;”.
Approved August 10, 1974.
Public Law 93–370: To amend the Act of June 13, 1933 (Public Law 73–40), concerning safety standards for boilers and pressure vessels, and for other purposes. Public Law 370 88 Stat. 423 1974-08-10 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–370
An Act To amend the Act of June 13, 1933 (Public Law 73–40), concerning safety standards for boilers and pressure vessels, and for other purposes.

August 10, 1974

[H. R. 10309]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 4433

Coast Guard.

Boilers and pressure vessels, safety standards.

 of the Revised Statutes, as amended (46 U.S.C. 411) is amended as follows: (1) By deleting the word “and” before the words “construction of boilers,”. (2) By inserting the words “, and operation” before the words “of boilers, unfired”. (3) By inserting after the words “unfired pressure vessels” the words “piping, valves, fittings,”. (4) By placing the word “other” before the word “appurtenances". (5) By deleting the words “thereof, and steam piping”. (6) By deleting the second sentence including the proviso.
Approved August 10, 1974.
Public Law 93–371: Making appropriations for the Legislative Branch for the fiscal year ending June 30, 1975, and for other purposes. Public Law 371 88 Stat. 424 1974-08-13 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 424 Public Law 93–371
An Act Making appropriations for the Legislative Branch for the fiscal year ending June 30, 1975, and for other purposes.

August 13, 1974

[H. R. 14012]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Legislative Branch Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending June 30, 1975, and for other purposes, namely: SENATE

2 USC 60a note.

 Compensation and Mileage of the Vice President and Senators and Expense Allowances of the Vice President and Leaders of the Senate compensation and mileage of the vice president and senators For compensation and mileage of the Vice President and Senators of the United States, $4,790,695. expense allowances of the vice president and majority and minority leaders For expense allowance of the Vice President, $10,000; Majority Leader of the Senate, $3,000; and Minority Leader of the Senate, $3,000; in all, $16,000. Salaries, Officers and Employees For compensation of officers, employees, clerks to Senators, and others as authorized by law, including agency contributions and longevity compensation as authorized, which shall be paid from this appropriation without regard to the below limitations, as follows: office of the vice president For clerical assistance to the Vice President, $552,045. offices of the majority and minority leaders For offices of the Majority and Minority Leaders, $215,460. offices of the majority and minority whips For offices of the Majority and Minority Whips, $110,580. office of the chaplain For office of the Chaplain, $28,500: Provided, That effective July 1,

2 USC 61d–1.

 1974, the Chaplain may fix the per annum compensation of the secretary to the Chaplain at not to exceed $12,540 per annum in lieu of $9,120 per annum. office of the secretary For office of the Secretary, $2,691,345, including $110,010 required for the purpose specified and authorized by section 74b of title 2, United States Code. 88 Stat. 425 committee employees For professional and clerical assistance to standing committees and the Select Committee on Small Business, $8,069,490. conference committees

For clerical assistance to the Conference of the Majority, at rates of compensation to be fixed by the chairman of said committee, $174,135.

For clerical assistance to the Conference of the Minority, at rates of compensation to be fixed by the chairman of said committee, $174,135.

 administrative and clerical assistants to senators For administrative and clerical assistants to Senators, $42,477,540:

2 USC 61–1 note.

 Provided, That effective January 1, 1974, the clerk hire allowance of each Senator from the States of Arkansas and Arizona shall be increased to that allowed Senators from States having a population of two million, the population of each said State having exceeded two million inhabitants. office of sergeant at arms and doorkeeper For office of the Sergeant at Arms and Doorkeeper, $11,998,500: Provided, That effective July 1, 1974, the Sergeant at Arms may appoint and fix the compensation of the following positions (a) in the computer center; four senior computer specialists at not to exceed $24,225 per annum each; seven senior programmer analysts at not to exceed $22,515 per annum each in lieu of five senior programmer analysts at $22,515 per annum each; three systems analysts at not to exceed $20,805 per annum each; five systems programmers at not to exceed $20,805 per annum each in lieu of three systems programmers at $20,805 per annum each; eight programmer analysts at not to exceed $20,805 per annum each; four computer specialists at not to exceed $18,240 per annum each; a secretary-receptionist at not to exceed $11,115 per annum; a secretary at $10,260 per annum; a systems supervisor at not to exceed $26,790 per annum in lieu of a systems supervisor at $25,080 per annum; (b) in the service department: an equipment supervisor at not to exceed $18,240 per annum; an assistant equipment supervisor at not to exceed $14,820 per annum; a secretary-receptionist at not to exceed $11,115 per annum; a secretary at not to exceed $9,975 per annum; six cameramen at not to exceed $10,260 per annum each; a film processor at not to exceed $11,115 per annum; an assistant film processor at not to exceed $10,545 per annum; ten messengers at not to exceed $8,265 per annum each in lieu of seven messengers at $8,265 per annum each; (c) in Senate post office: a mail supervisor at not to exceed $11,115 per annum; sixty-three mail carriers at not to exceed $9,975 per annum each in lieu of fifty-seven mail carriers at $9,975 per annum each; (d) in the cabinet shop: a chief cabinetmaker at not to exceed $18,525 per annum in lieu of $15,960 per annum; an assistant chief cabinetmaker at not to exceed $17,670 per annum in lieu of $13,680 per annum; two cabinetmakers at not to exceed $13,395 per annum each in lieu of $12,255 per annum each: a cabinetmaker at not to exceed $12,255 per annum; a finisher at not to exceed $13,395 per annum in lieu of $12,255 per annum; an upholsterer at not to exceed $13,395 per annum in lieu of $12,255 per annum; and (e) twelve lieutenants, police force at not to exceed $17,100 per annum each in lieu of ten lieutenants at $17,100 per annum each; forty-six sergeants, police force at not to exceed $14,250 per annum each in lieu of forty sergeants at $14,250 per annum each; 389 privates, police force at not to exceed88 Stat. 426 $10,830 per annum each in lieu of 342 privates at $10,830 per annum each. offices of the secretaries for the majority and minority For offices of the Secretary for the Majority and the Secretary for the Minority, $265,050. agency contributions and longevity compensation For agency contributions for employee benefits and longevity compensation, as authorized by law, $4,000,000. Office of the Legislative Counsel of the Senate For salaries and expenses of the office of the Legislative Counsel of the Senate, $521,740. Senate Procedure For compiling, preparing, and editing “Senate Procedure”, 1974 edition, $5,000, to be paid to Floyd M. Riddick, Parliamentarian of the Senate. Contingent Expenses of the Senate senate policy committees For salaries and expenses of the Majority Policy Committee and the Minority Policy Committee, $342,780 for each such committee; in all, $685,560. automobiles and maintenance For purchase, lease, exchange, maintenance, and operation of vehicles, one for the Vice President, one for the President pro tempore, one for the Majority Leader, one for the Minority Leader, one for the Majority Whip, one for the Minority Whip, for carrying the mails, and for official use of the offices of the Secretary and Sergeant at Arms, $40,000. inquiries and investigations For expenses of inquiries and investigations ordered by the Senate, or conducted pursuant to section 134(a) of Public Law 601, Seventy-ninth Congress, including $538,205 for the Committee on Appropriations,

2 USC 190b.

 to be available also for the purposes mentioned in Senate Resolution Numbered 193, agreed to October 14, 1943, $16,253,175. folding documents For the employment of personnel for folding speeches and pamphlets at a gross rate of not exceeding $3.68 per hour per person, $82,045. miscellaneous items For miscellaneous items, $12,921,450. postage stamps For postage stamps for the offices of the Secretaries for the Majority and Minority, $320; Chaplain, $100; and for air mail and special delivery stamps for the office of the Secretary, $610; office of the Sergeant at Arms, $240; and the President of the Senate, as authorized by law, $1,215; in all, $2,485. 88 Stat. 427 stationery (revolving fund) For stationery for the President of the Senate, $3,600, and for committees and officers of the Senate, $21,850; in all, $25,450. administrative provisions
1. The paragraph under the heading “Administrative Provision” in chapter IV of the Supplemental Appropriations Act, 1972 (2 U.S.C. 64b) is amended by adding at the end thereof the following: “In the event that the Secretary of the Senate is absent or is to be absent for reasons other than disability (as provided in this paragraph), and makes a written designation that he is or will be so absent, the Assistant Secretary shall act during such absence as the Secretary in carrying out the duties and responsibilities of the office in all matters, except those matters relating to the Secretary’s duties as such disbursing officer. The designation may be revoked in writing at any time by the Secretary, and is revoked whenever the Secretary making the designation dies, resigns, or is considered disabled in accordance with this paragraph.” 2. (a) Whenever—

State income tax, withholding and remittance.

2 USC 60c–3.

 (1) the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and (2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State; then the Secretary of the Senate is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals— (A) whose pay is disbursed by the Secretary; and (B) who request the Secretary to make such withholdings for remittance to that State, (b) Any agreement entered into under subsection (a) of this section shall not require the Secretary to remit such sums more often than once each calendar quarter. (c) (1) An individual whose pay is disbursed by the Secretary may request the Secretary to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers. (2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first month commencing after the day on which the request is received in the Disbursing Office of the Senate, except that— (A) when the Secretary first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Secretary may determine; and (B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment. (3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted m accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated88 Stat. 428 or revocation is effective on the first day of the first month commencing after the day on which the request for change or the revocation is received in the Disbursing Office. (4) The Secretary is authorized to issue rules and regulations he

Rules and regulations.

 considers appropriate in carrying out this subsection. (d) The Secretary may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate. (e) This section imposes no duty, burden, or requirement upon the United States, the Senate, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, the Senate, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. Any paper, form, or document filed with the Secretary under this section is a paper of the Senate within the provisions of rule X X X of the Standing Rules of the Senate. (f) For the purposes of this section, “State” means any of the

“State.”

 States of the United States and the District of Columbia. (3) (a) Sergeant at Arms of the Senate shall secure for each

Home state office space.

2 USC 59.

 Senator office space suitable for the Senator’s official use in places designated by the Senator in the State he represents. That space shall be secured in post offices or other Federal buildings at such places. In the event suitable office space is not available in post offices or other Federal buildings, the Sergeant at Arms shall secure other office space in those places. (b) The aggregate square feet of office space secured for Senator shall not at any time exceed— (1) 4,800 square feet if the population of his State is less than 2,000,000; (2) 5,000 square feet if such population is 2,000,000 but less than 3,000,000; (3) 6,200 square feet if such population is 3,000,000 but less than 4,000,000; (4) 5,400 square feet if such population is 4,000,000 but less than 5,000,000; (5) 5,800 square feet if such population is 5,000,000 but less than 7,000,000; (6) 6,200 square feet if such population is 7,000,000 but less than 9,000,000; (7) 6,400 square feet if such population is 9,000,000 but less than 10,000,000; (8) 6,600 square feet if such population is 10,000,000 but less than 11,000,000; (9) 6,800 square feet if such population is 11,000,000 but less than 12,000,000; (10) 7,000 square feet if such population is 12,000,000 but less than 13,000,000; (11) 7,400 square feet if such population is 13,000,000 but less than 15,000,000; (12) 7,800 square feet if such population is 15,000,000 but less than 17,000,000; or (13) 8,000 square feet if such population is 17,000,000 or more. (c) The maximum annual rate that may be paid for the rental of an

Rental, maximum annual rate.

 office secured for a Senator not m a post office or other Federal building shall not at any time exceed the applicable rate per square foot charged Federal agencies by the Administrator of General Services, based upon a 100 percent building quality rating, for office space located m the place in which the Senator’s office is located, multiplied by the number of square feet contained in that office used by the Senator and his employees to perform their duties. 88 Stat. 429 (d) (1) Notwithstanding subsection (b) , the aggregate square feet of office space secured for a Senator who is a Senator on July 1, 1974, shall not at any time exceed, as long as he continuously serves as a Senator, the greater of— (A) the applicable square footage limitation of such subsection; or (B) the total square footage of those offices that the Senator has on such date and which are continuously maintained in the same buildings in which such offices were located on such date. (2) The provisions of subsection (c) do not apply to any office that a Senator has on July 1, 1974, not in a post office or other Federal building, as long as— (A) that Senator continuously serves as a Senator; and (B) that office is maintained in the same building in which it was located on such date and contains not more than the same number of square feet it contained on such date. (e) Clause (4) of subsection (a) , the last sentence of subsection (c),

Repeal.

 and subsection (d) of section 506 of the Supplemental Appropriations Act, 1973, are repealed.

2 USC 58.

 (f) This section is effective on and after July 1, 1974. 4. The Secretary of the Senate, the Sergeant at Arms and Doorkeeper

Effective date.

2 USC 59 note.

2 USC 61a, 61e, 263a, 273, 61g.

 of the Senate, and the Legislative Counsel of the Senate shall each be paid at an annual rate of compensation of $38,760. The Secretary for the Majority (other than the incumbent holding office on June 15, 1974) and the Secretary for the Minority shall each be paid at an annual rate of compensation of $38,190. The Secretary for the Majority (as long as that position is occupied by such incumbent) may be paid at a maximum annual rate of compensation not to exceed $38,190. The four Senior Counsels in the Office of the Legislative

2 USC 274 note.

 Counsel of the Senate shall each be paid at an annual rate of compensation of $37,620. The Assistant Secretary of the Senate, the Parliamentarian,

2 USC 61a–3, 61b, 64a–1.

 and the Financial Clerk may each be paid at a maximum annual rate of compensation not to exceed $37,620. The Administrative

2 USC 61h–1, 61h.

 Assistant in the Office of the Majority Leader, the Assistant Secretary for the Majority, the Administrative Assistant in the Office of the Minority Leader, and the Assistant Secretary for the Minority may each be paid at a maximum annual rate of compensation not to exceed $36,765. The Administrative Assistant in the Office of the Majority

2 USC 61j.

 Whip and the Administrative Assistant in the Office of the Minority Whip may each be paid at a maximum annual rate of compensation not to exceed $35,625. The two committee employees other than joint

2 USC 61–1.

 committee employees referred to in clause (A) , and the three committee employees referred to in clause (B), of section 105(e)(3) of the Legislative Branch Appropriation Act, 1968, as amended and

2 USC 61–1.

 modified, may each be paid at a maximum annual rate of compensation not to exceed $37,050. The four committee employees other than joint committee employees referred to in such clause (A) and the sixteen committee employees referred to in such clause (B) may each be paid at a maximum annual rate of compensation not to exceed $35,625. The one employee in a Senator’s office referred to in section 105(d) (2) (ii) of such Act may be paid at a maximum annual rate of compensation not to exceed $37,050. Any officer or employee whose pay is subject to the maximum limitation referred to in section 105(f) of such Act may be paid at a maximum annual rate of compensation not to exceed $37,050. This paragraph

2 USC 61a note.

 does not supersede (1) any provision of an order of the President pro tempore of the Senate authorizing a higher rate of compensation, and (2) any authority of the President pro tempore to adjust rates of compensation or limitations referred to in this paragraph under section88 Stat. 430 4 of Federal Pay Comparability Act of 1970. This paragraph is

2 USC 60a note.

 effective July 1, 1974. 5. Effective July 1, 1974, the last full paragraph under the heading “ADMINISTRATIVE PROVISIONS” in the appropriation for the Senate in the Legislative Branch Appropriation Act, 1972, is amended to read as lollows:

Capitol Police, additional hours of duty, compensation.

40 USC 206c note.

40 USC 206c.

“Each officer or member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate, who performs duty in addition to the number of hours of his regularly scheduled tour of duty for any day on or after July 1, 1974, is entitled to be paid compensation (when ordered to perform such duty by proper authority) or receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to such compensation only upon a determination made by the Capitol Police Board with respect to any additional hours. Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to his hourly rate of compensation in the case of an officer, and at a rate equal to one and one-half times his hourly rate of compensation for a member of such force. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Any officer or member entitled to be paid compensation for such additional hours shall make a written election, which is irrevocable, whether he desires to be paid that compensation or to receive compensatory time off instead for each such hour. Compensation due officers and members under this paragraph shall be paid by the Secretary, upon certification by the Chief of the Capitol Police at the end of each calendar quarter and approval of the Capitol Police Board, from funds available in the Senate appropriation, ‘Salaries, Officers and Employees’ for the fiscal year in which the additional hours of duty are performed without regard to the limitations specified therein. Any compensatory time off accrued and not used by an officer or member at the time he is separated from service on the Capitol Police force may not be transferred to any other department, agency, or establishment of the United States Government or the government of the District of Columbia, and no lump-sum amount shall be paid for such accrued time. The Capitol Police Board is authorized to prescribe regulations to carry out this paragraph.”.

 6. Effective July 1, 1974, the first sentence of section 105 (d) (1) (A)

2 USC 61–1 note.

2 USC 61–1.

 of the Legislative Branch Appropriation Act, 1968, as amended and modified, is amended to read as follows: “The aggregate of gross compensation paid employees in the office of a Senator shall not exceed during each calendar year the following:

“$370,215 if the population of his State is less than 2.000,000;

“$381,330 if such population is 2,000,000 but less than 3,000,000

“$408,120 if such population is 3,000,000 but less than 4,000,000

“$442,605 if such population is 4,000,000 but less than 5,000,000

“$470,820 if such population is 5,000,000 but less than 7,000,000

“$500,460 if such population is 7,000,000 but less than 9,000,000

“$532,665 if such population is 9,000,000 but less than 10,000,000

“$557,460 if such population is 10,000,000 but less than 11,000,000;

“$589,950 if such population s 11,000,000 but less than 12,000,000;

“$614,745 if such population s 12,000,000 but less than 13,000,000;

“$646,380 if such population s 13,000,000 but less than 15,000,000;

“$678,015 if such population s 15,000,000 but less than 17,000,000;

“$709,650 if such population is 17,000,000 or more.”

 88 Stat. 431 7. Any witness requested to appear before the Majority Policy Committee

Witness fees.

2 USC 195b.

 or the Minority Policy Committee shall be entitled to a witness fee for each full day spent in traveling to and from the place at which he is to appear, and reimbursement of actual and necessary transportation expenses incurred in traveling to and from that place, at rates not to exceed those rates paid witnesses appearing before committees of the Senate.
HOUSE OF REPRESENTATIVES Compensation and Mileage for the Members compensation of members For compensation of Members, as authorized by law (wherever used herein the term "Member" shall include Members of the House of Representatives, the Resident Commissioner from Puerto Rico, the Delegate from the District of Columbia, the Delegate from Guam, and the Delegate from the Virgin Islands), $20,373,580. mileage of members For mileage of Members, as authorized by law, $210,000. house leadership offices For salaries and expenses, as authorized by law, $1,095,655, including: Office of the Speaker, $316,090, including $10,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $228,490, including $3,000 for official expenses of the Majority Leader; Minority Floor Leader, $174,185, including $3,000 for official expenses of the Minority Leader; Majority Whip, $188,445, including not to exceed $41,910 for the Chief Deputy Majority Whip; Minority Whip, $188,445, including not to exceed $41,910 for the Chief Deputy Minority Whip. Salaries, Officers and Employees

For compensation and expenses of officers and employees, as authorized by law, $16,548,150, including: Office of the Clerk, $3,726,145; Office of the Sergeant at Arms, $6,771,610; Office of the Doorkeeper, $3,166,205; Office of the Postmaster, $924,645, including $16,840 for employment of substitute messengers and extra services of regular employees when required at the salary rate of not to exceed $9,091 per annum each; Office of the Chaplain, $19,770; Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of the Rules, $196,020; for compiling the precedents of the House of Representatives, $195,000; Official Reporters of Debates, $467,685; Official Reporters to Committees, $520,395; two printing clerks, one for the majority appointed by the majority leader and one for the minority appointed by the minority leader, $26,935 to be equally divided; a technical assistant in the Office of the Attending Physician, to be appointed by the Attending Physician subject to the approval of the Speaker, $24,205; the House Democratic Steering Committee, $148,710; the House Republican Conference, $148,710; and six minority employees, $212,115.

Such amounts as deemed necessary for the payment of salaries of officers and employees within this appropriation may be transferred among offices upon the approval of the Committee on Appropriations of the House of Representatives.

 88 Stat. 432 committee employees For professional and clerical employees of standing committees, including the Committee on Appropriations, $8,624,000. committee on appropriations (investigations) For salaries and expenses, studies and examinations of executive agencies, by the Committee on Appropriations, and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act, 1946, and to be

2 USC 72a.

 available for reimbursement to agencies for services performed, $1,875,000. office of the legislative counsel For salaries and expenses of the Office of the Legislative Counsel of the House, $1,067,000. Members’ Clerk Hire For staff employed by each Member in the discharge of his official and representative duties, $80,000,000. Contingent Expenses Or The House miscellaneous items For miscellaneous items, exclusive of salaries unless specifically ordered by the House of Representatives, for purchase, exchange, operation, maintenance, and repair of House motor vehicles (me Clerk’s automobile and motor trucks, the Sergeant at Arms’ automobile, the Post Office motor vehicle, and the Publications Distribution Service motor truck) ; and not to exceed $5,000 for the purposes authorized by section 1 of House Resolution 348, approved June 29, 1961, $12,059,700, telegraph and telephone For telegraph and telephone service, exclusive of personal services, $6,000,000. stationery (revolving fund) For a stationery allowance for each Member for the first session of the Ninety-fourth Congress, as authorized by law, $2,304,750, to remain available until expended. postage stamp allowances Postage stamp allowances for the first session of the Ninety-fourth Congress, as authorized by law, $419,530. government contributions For contributions to employees life insurance fund, retirement fund, and health benefits fund, as authorized by law, $6,668,900, and in addition, such amounts as may be necessary may be transferred from the appropriation for “miscellaneous items”. special and select committees For salaries and expenses of special and select committees authorized by the House, $14,618,000. 88 Stat. 433 reporting hearings For stenographic reports of hearings of committees other than special and select committees, $422,500. furniture For purchase and repair of furniture, carpets and draperies, including supplies, tools and equipment for repair shops; and for purchase of packing boxes, $996,000. leadership automobiles For purchase, exchange, hire, driving, maintenance, repair, and operation of automobiles for the leadership of the House of Representatives, including one each for the Speaker, the Majority Leader, and the Minority Leader, $61,095. revision of laws For preparation and editing of the laws as authorized by 1 U.S.C. 202, 203, 213, $39,980, to be expended under the direction of the Committee on the Judiciary. new edition of the district of columbia code For the preparation of a new edition of the District of Columbia Code, $100,000, to remain available until expended, and to be expended under the direction of the Committee on the Judiciary. administrative provisions The provisions of House Resolution 427, Ninety-third Congress, relating to postage stamps for the Chaplain of the House of Representatives, shall be the permanent law with respect thereto. JOINT ITEMS For joint committees, as follows: Joint Committee on Reduction of Federal Expenditures For an amount to enable the Joint Committee on Reduction of Federal Expenditures to carry out the duties imposed upon it by section 601 of the Revenue Act of 1941 (55 Stat. 726), to remain available during

79 Stat. 1026.

 the existence of the Committee, $80,400, to be disbursed by the Secretary of the Senate. Contingent Expenses of the Senate joint economic committee

For salaries and expenses of the Joint Economic Committee, $950,000.

For an amount (to be disbursed by the Secretary of the Senate on vouchers signed by the chairman or vice chairman and the chairman of the subcommittee) for the Subcommittee on Fiscal Policy, $135,000, to be available until December 31, 1974.

 88 Stat. 434 joint committee on atomic energy For salaries and expenses of the Joint Committee on Atomic Energy, $611,345. joint committee on printing For salaries and expenses of the Joint Committee on Printing, $349,100. Contingent Expenses of the House joint committee on internal revenue taxation For salaries and expenses of the Joint Committee on Internal Revenue Taxation, $1,106,165. joint committee on defense production For salaries and expenses of the Joint Committee on Defense Production, $154,050. joint committee on congressional operations

For salaries and expenses of the Joint Committee on Congressional Operations, including the Office of Placement and Office Management, $600,000.

For other joint items, as follows:

 Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the attending physician and his assistants, including (1) an allowance of one thousand dollars per month to the attending physician; (2) an allowance of six hundred dollars per month to one senior medical officer while on duty in the attending physician’s office; (3) an allowance of two hundred dollars per month each to two medical officers while on duty in the attending physician’s office; and (4) an allowance of two hundred dollars per month each to not exceed eight assistants on the basis heretofore provided for such assistance, $103,600. Capitol Police general expenses For purchasing and supplying uniforms; the purchase, maintenance, and repair of police motor vehicles, including two-way police radio equipment; contingent expenses, including $25 per month for extra services performed for the Capitol Police Board by such member of the staff of the Sergeant at Arms of the Senate or the House as may be designated by the Chairman of the Board; $513,360. capitol police board

To enable the Capitol Police Board to provide additional protection for the Capitol Buildings and Grounds, including the Senate and House Office Buildings and the Capitol Power Plant, $1,214,255. Such

Detailed personnel.

sum shall be expended only for payment of salaries and other expenses of personnel detailed from the Metropolitan Police of the District of Columbia, and the Commissioner of the District of Columbia is

D.C. Code 9–126a.

 authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instructions of the Board and are author-88 Stat. 435ized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other

Reimbursement.

 duties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail personnel shall be made to the government of the District of Columbia, and any sums so reimbursed shall be credited to the appropriation or appropriations from which such salaries and expenses are payable and shall be available for all the purposes thereof: Provided, That any person detailed under the authority of this paragraph or under similar authority in the Legislative Branch Appropriation Act, 1942, and the Second Deficiency

55 Stat. 456.

54 Stat. 629.

 Appropriation Act, 1940, from the Metropolitan Police of the District of Columbia shall be deemed a member of such Metropolitan Police during the period or periods of any such detail for all purposes of rank, pay, allowances, privileges, and benefits to the same extent as though such detail had not been made, and at the termination thereof any such person shall have a status with respect to rank, pay, allowances, privileges, and benefits which is not less than the status of such person in such police at the end of such detail: Provided further, That the Commissioner of the District of Columbia is directed (1) to pay the assistant chief detailed under the authority of this paragraph and serving as Chief of the Capitol Police, the salary of assistant chief plus $2,000 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (2) to pay the two deputy chiefs detailed under the authority of this paragraph and serving as assistants to the Chief of the Capitol Police the salary of deputy chief and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (3) to pay the inspector detailed under the authority of this paragraph the salary of inspector plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (4) to pay the captain detailed under the authority of this paragraph the salary of captain plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (5) to elevate and pay the lieutenant detailed under the authority of this paragraph the rank and salary of captain plus $1,625 and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, (6) to elevate and pay the detective sergeant and uniform sergeant detailed under the authority of this paragraph the salary of lieutenant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (7) to pay the four detective sergeants detailed under the authority of this paragraph the salary of detective sergeant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (8) to pay the two sergeants of the uniform force detailed under the authority of this paragraph the salary of sergeant and such increases in basic compensation as may be subsequently provided by law so long as these positions are held by the present incumbents, (9) to elevate and pay the desk sergeant detailed under the authority of this paragraph the rank and salary of uniform sergeant and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent, and (10) to elevate and pay the acting sergeant detailed under the authority of this paragraph the rank and salary of uniform sergeant and such increases in basic compensation as may be subsequently provided by law so long as this position is held by the present incumbent.

88 Stat. 436

No part of any appropriation contained in this Act shall be paid as compensation to any person appointed after June 30, 1935, as an officer or member of the Capitol Police who does not meet the standards to be prescribed for such appointees by the Capitol Police Board: Provided, That the Capitol Police Board is hereby authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds.

 Education of Pages For education of congressional pages and pages of the Supreme Court, pursuant to part 9 of title I V of the Legislative Reorganization Act, 1970, and section 243 of the Legislative Reorganization Act, 1946,

2 USC 88b–1 and note; 40 USC 184a.

2 USC 88a.

D.C. Code 31–121.

 $142,780, which amount shall be advanced and credited to the applicable appropriation of the District of Columbia, and the Board of Education of the District of Columbia is hereby authorized to employ such personnel for the education of pages as may be required and to pay compensation for such services in accordance with such rates of compensation as the Board of Education may prescribe. Official Mail Costs

For expenses necessary for official mail costs pursuant to title 39, U.S.C, section 3216, $38,756,015, to be available immediately.

The foregoing amounts under “other joint items” shall be disbursed by the Clerk of the House.

 Capitol Guide Service For salaries and expenses of the Capitol Guide Service, $348,760, to be disbursed by the Secretary of the Senate: Provided, That none of these funds shall be used to employ more than twenty-eight individuals. Statements of Appropriations For the preparation, under the direction of the Committees on Appropriations of the Senate and House of Representatives, of the statements for the second session of the Ninety-third Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriation bills as required by law, $13,000, to be paid to the persons designated by the chairman of such committees to supervise the work. Administrative Provision Section 106(a) of the Legislative Branch Appropriation Act, 1963,

2 USC 60j.

 is amended by adding at the end thereof: “(8) The Chief Guide, Assistant Chief Guide, and each Guide of the Capitol Guide Service established under section 441 of the Legislative Reorganization Act of 1970.”

40 USC 851.

 OFFICE OF TECHNOLOGY ASSESSMENT Salaries and Expenses For salaries and expenses necessary to carry out the provisions of the Technology Assessment Act of 1972 (Public Law 92–84),

2 USC 471 note.

 $4,000,000: Provided, That funds remaining unobligated as of June 30, 1974, shall be merged with and also be available for the general purposes of this appropriation. 88 Stat. 437 ARCHITECT OF THE CAPITOL Office of the Architect of the Capitol salaries

For the Architect of the Capitol; the Assistant Architect of the Capitol; the Executive Assistant; and other personal services; at rates of pay provided by law, $1,395,600.

Appropriations under the control of the Architect of the Capitol

40 USC 166a.

shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $20,000.

 contingent expenses To enable the Architect of the Capitol to make surveys and studies, to incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704), and to meet unforeseen expenses in connection with activities

40 USC 166d, 166e.

 under his care, $140,000. Capitol Buildings and Grounds capitol buildings

For necessary expenditures for the Capitol Building and electrical substations of the Senate and House Office Buildings, under the jurisdiction of the Architect of the Capitol, including improvements, maintenance, repair, equipment, supplies, material, fuel, oil, waste, and appurtenances; furnishings and office equipment; special and protective clothing for workmen; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902); personal and other services; cleaning and repairing works of art and prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; purchase or exchange, maintenance and operation

41 USC 5.

of a passenger motor vehicle; purchase of necessary reference books and periodicals; for expenses of attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $4,428,500.

Not to exceed $950,000 of the unobligated balance of that part of the appropriation under this head for the fiscal year 1973, made available until June 30, 1974, for restoration of the Old Senate and Supreme Court Chambers, is hereby continued available until June 30, 1975.

Not to exceed $177,000 of the unobligated balance of the appropriation under this head for the fiscal year 1974 is hereby continued available until June 30, 1975.

 capitol grounds

For care and improvement of grounds surrounding the Capitol, the Senate and House Office Buildings, and the Capitol Power Plant; personal and other services; care of trees; planting; fertilizer; repairs to pavements, walks, and roadways; waterproof wearing apparel; maintenance of signal lights; and for snow removal by hire of men and equipment or under contract without regard to section 3709 of the Revised Statutes, as amended; $1,176,400.

The amount of $250,000 of the appropriation under this head for the fiscal year 1974, for modifications to and replacement of existing traffic signals and installation of additional traffic signals and all items appurtenant thereto, is hereby continued available until June 30, 1975.

 88 Stat. 438 senate office buildings For maintenance, miscellaneous items and supplies, including furniture, furnishings, and equipment, and for labor and material incident thereto, and repairs thereof; for purchase of waterproof wearing apparel, and for personal and other services; for the care and operation of the Senate Office Buildings; including the subway and subway transportation systems connecting the Senate Office Buildings with the Capitol; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902), prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes as amended; to be expended under the control and supervision of the

41 USC 5.

 Architect of the Capitol in all, $6,620,800. senate garage For maintenance, repairs, alterations, personal and other services, and all other necessary expenses, $103,300. house office buildings

For maintenance, including equipment; waterproof wearing apparel; uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902); prevention and eradication of insect and other pests without regard to section 3709 of the Revised Statutes, as amended; miscellaneous items; and for all necessary services, including the position of Superintendent of Garages as authorized by law, $8,671,700.

Not to exceed $9,700 of the unobligated balance of the appropriation under this head for the fiscal year 1974 is hereby continued available until June 30, 1975.

 Acquisition of Property, Construction, and Equipment, Additional House Office Building For an amount, in addition to amounts heretofore appropriated under this head, for expenses authorized by the Additional House Office Building Act of 1955 (69 Stat. 41, 42), as amended, $145,000, to

40 USC 175 note.

 remain available until expended. capitol power plant For lighting, heating, and power (including the purchase of electrical energy) for the Capitol, Senate and House Office Buildings, Supreme Court Building, Congressional Library Buildings, and the grounds about the same. Botanic Garden, Senate garage, and for air-conditioning refrigeration not supplied from plants m any of such buildings; for heating the Government Printing Office, Washington City Post Office, and Folger Shakespeare Library, reimbursement for which shall be made and covered into the Treasury; personal and other services, fuel, oil, materials, waterproof wearing apparel, and all other necessary expenses in connection with the maintenance and operation of the plant; $5,443,000. Library Buildings and Grounds structural and mechanical care For necessary expenditures for mechanical and structural maintenance, including improvements, equipment, supplies, waterproof wearing apparel, and personal and other services, $1,631,000. 88 Stat. 439 BOTANIC GARDENS Salaries and Expenses For all necessary expenses incident to maintaining, operating, repairing, and improving the Botanic Garden and the nurseries, buildings, grounds, collections, and equipment pertaining thereto, including personal services; waterproof wearing apparel; not to exceed $25 for emergency medical supplies; traveling expenses, including bus fares, not to exceed $275; the prevention and eradication of insect and other pests and plant diseases by purchase of materials and procurement of personal services by contract without regard to the provisions of any other Act; purchase and exchange of motor trucks; purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; purchase of botanical books, periodicals, and books of reference, not to exceed $100; all under the direction of the Joint Committee on the Library; $916,600. LIBRARY OF CONGRESS Salaries and Expenses For necessary expenses of the Library of Congress, not otherwise provided for, including development and maintenance of the Union Catalogs; custody, care, and maintenance of the Library Buildings; special clothing; cleaning, laundering, and repair of uniforms; preservation of motion pictures in the custody of the Library; for the National Program for acquisition and cataloging of Library material; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $48,460,000, including $2,778,000 to be available for reimbursement to the General Services Administration for rental of suitable space in the District of Columbia or its immediate environs for the Library of Congress. Copyright Office salaries and expenses For necessary expenses of the Copyright Office, including publication of the decisions of the United States courts involving copyrights, $5,839,000. Congressional Research Service salaries and expenses For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946, as amended by section 321 of the Legislative Reorganization Act of 1970 (2 U.S.C. 166), $13,345,000: Provided, That no part of this appropriation may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration or the Senate Committee on Rules and Administration. 88 Stat. 440 Distribution of Catalog Cards salaries and expenses For necessary expenses for the preparation and distribution of catalog cards and other publications of the Library, $10,581,000: Provided, That $200,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. Books for the General Collections For necessary expenses (except personal services) for acquisition of books, periodicals, and newspapers, and all other material for the increase of the Library, $1,458,000, to remain available until expended, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections. Books for the Law Library For necessary expenses (except personal services) for acquisition of books, legal periodicals, and all other material for the increase of the law library, $229,000, to remain available until expended. Books for the Blind and Physically Handicapped salaries and expenses For salaries and expenses to carry out the provisions of the Act approved March 3, 1931 (2 U.S.C. 135a), as amended, $11,416,900. Collection and Distribution of Library Materials (Special Foreign Currency Program) For necessary expenses for carrying out the provisions of section 104(b) (5) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), to remain available until expended, $2,014,100, of which $1,718,500 shall be available only for payments in any foreign currencies owed to or owned by the United States which the Treasury Department shall determine to be excess to the normal requirements of the United States. Furniture and Furnishings For necessary expenses for the purchase and repair of furniture, furnishings, office and library equipment, $3,319,000, of which $2,726,000 shall be available until expended only for the purchase and supply of furniture, book stacks, shelving, furnishings, and related costs necessary for the initial outfitting of the James Madison Memorial Library Building. 88 Stat. 441 Revision of Annotated Constitution salaries and expenses For necessary expenses to enable the Librarian to revise and extend the Annotated Constitution of the United States of America, $34,000, to remain available until expended. Administrative Provisions

Appropriations in this Act available to the Library of Congress for salaries shall be available for expenses of investigating the loyalty of Library employees; special and temporary services (including employees engaged by day or hour or in piecework); and services as authorized by 5 U.S.C. 3109.

Not to exceed fifteen positions in the Library of Congress may be me

Aliens, employment.

2 USC 169.

exempt from the provisions of appropriation Acts concerning the employment of aliens during the current fiscal year, but the Librarian shall not make any appointment to any such position until he has ascertained that he cannot secure for such appointments a person in any of the categories specified in such provisions who possesses the special qualifications for the particular position and also otherwise meets the general requirements for employment in the Library of Congress.

Funds available to the Library of Congress may be expended to

2 USC 143a.

reimburse the Department of State for medical services rendered to employees of the Library of Congress stationed abroad and for contracting on behalf of and hiring alien employees for the Library of Congress under compensation plans comparable to those authorized by section 444 of the Foreign Service Act of 1946, as amended (22 U.S.C. 889(a)); for purchase or hire of passenger motor vehicles;

2 USC 143a.

 for payment of travel, storage and transportation of household goods, and transportation and per diem expenses for families en route (not to exceed twenty-four); for benefits comparable to those payable under sections 911 (9), 911 (11), and 941 of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1156, respectively) ; and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87–195, 22 U.S.C. 2396(b)); subject to such rules and regulations as may be issued by

2 USC 143a.

 the Librarian of Congress.

Payments in advance for subscriptions or other charges for bibliographical data, publications, materials in any other form, and services may be made by the Librarian of Congress whenever he determines it

Advance payments.

to be more prompt, efficient, or economical to do so in the interest of carrying out required Library programs.

Appropriations in this Act available to the Library of Congress shall be available, in an amount not to exceed $57,500, when specifically authorized by the Librarian, for expenses of attendance at meetings concerned with the function or activity for which the appropriation is made.

Funds available to the Library of Congress may be expended to provide additional parking facilities for Library of Congress employees in an area or areas in the District of Columbia outside the limits of the Library of Congress grounds, and to provide for transportation of such employees to and from such area or areas and the Library of Congress grounds without regard to the limitations imposed by 31 U.S.C. 638a (c)(2).

 88 Stat. 442 GOVERNMENT PRINTING OFFICE Printing and Binding For authorized printing and binding for the Congress; for printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); printing, binding, and distribution of the Federal Register (including the Code of Federal Regulations) as authorized by law (44 U.S.C. 1509,1510); and printing and binding of Government publications authorized by law to be distributed without charge to the recipients; $80,000,000: Provided, That this appropriation shall not be available for printing and binding part 2 of the annual report of the Secretary of Agriculture (known as the Yearbook of Agriculture): Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years. Office of Superintendent of Documents salaries and expenses For necessary expenses of the Office of Superintendent of Documents, including compensation of all employees in accordance with the provisions of 44 U.S.C. 305; travel expenses (not to exceed $88,300): Provided, That expenditures in connection with travel expenses of the Depository Library Advisory Council shall be deemed necessary to carrying out the provisions of chapter 19 of title 44, United States Code; price lists and bibliographies; repairs to buildings,

44 USC 1901.

 elevators, and machinery; and supplying books to depository libraries;: Provided, That $222,000 of this appropriation shall be apportioned for use pursuant to section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), with the approval of the Public Printer, only to the extent necessary to provide for expenses (excluding permanent personal services) for workload increases not anticipated in the budget estimates and which cannot be provided for by normal budgetary adjustments. Government Printing Office Revolving Fund

For payment to the “Government Printing Office revolving fund”, $12,000,000, to remain available until expended, to provide additional working capital necessary for the support of normal operation of the revolving fund.

The Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying

31 USC 849.

out the programs and purposes set forth in the budget for the current fiscal year for the “Government Printing Office revolving fund”: Provided, That not to exceed $3,500 may be expended on the certification of the Public Printer in connection with special studies of governmental printing, binding, and distribution practices and procedures: Provided further, That during the current fiscal year the revolving fund shall be available for the hire of two passenger motor vehicles and the purchase of one passenger motor vehicle.

 88 Stat. 443 GENERAL ACCOUNTING OFFICE Salaries and Expenses For necessary expenses of the General Accounting Office, including not to exceed $4,000 to be expended on the certification of the Comptroller General of the United States in connection with special studies of governmental financial practices and procedures; services as authorized by 5 U.S.C. 3109 but at rates for individuals not to exceed the per diem rate equivalent to the rate for grade GS–18; hire

5 USC 5332 note.

 of one passenger motor vehicle; advance payments in foreign countries notwithstanding section 3648, Revised Statutes, as amended (31 U.S.C. 529); benefits comparable to those payable under section 911(9), 911 (11), and 942(a) of the Foreign Service Act of 1946, as amended (22 U.S.C. 1136(9), 1136(11), and 1157(a), respectively); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries and travel benefits comparable with those which are now or hereafter may be granted single employees of the Agency for International Development, including single Foreign Service personnel assigned to A.I.D. projects, by the Administrator of the Agency for International Development—or his designee—under the authority of section 636(b) of the Foreign Assistance Act of 1961 (Public Law 87–195, 22 U.S.C. 2396(b)), $121,376,000: Provided, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program (JFMIP) shall be available to finance an appropriate share of JFMIP costs as determined by the JFMIP, including but not limited to the salary of the Executive Secretary and secretarial support: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum shall be available to finance an appropriate share of Forum costs as determined by the Forum, including necessary travel expenses of non-Federal participants. Payments hereunder to either the Forum or the JFMIP may be credited as reimbursements to any appropriation from which costs involved are initially financed. COST-ACCOUNTING STANDARDS BOARD Salaries and Expenses For expenses of the Cost-Accounting Standards Board necessary to carry out the provisions of section 719 of the Defense Production Act of 1950, as amended (Public Law 91–379, approved August 15, 1970),

50 USC app. 2168.

 $1,628,000. GENERAL PROVISIONS
Sec. 102. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations issued by the House of Representatives Select Committee To Regulate Parking on the House Side of the Capitol.
Sec. 103. Whenever any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for herein or whenever

2 USC 60a note.

the rate of compensation or designation of any position appropriated for herein is different from that specifically established for such position by such Act, the rate of compensation and the designation of the position, or either, appropriated for or provided herein, shall be the permanent law with respect thereto: Provided, That the88 Stat. 444 provisions herein for the various items of official expenses of Members, officers, and committees of the Senate and House, and clerk hire for Senators and Members shall be the permanent law with respect thereto.
Sec. 104. No part of any appropriation contained in this Act shall

Fiscal year limitation.

 remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 105. No part of any appropriation contained in this Act shall be available for paying to the Administrator of the General Services Administration in excesss of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and

40 USC 490.

 services.
Sec. 106. Notwithstanding any other provision of law, the citizenship

Senate employee, exemption.

 or nationality of Karin Birgitta Holmen shall not prohibit the Secretary of the Senate from paying compensation to the said Karin Birgitta Holmen while serving as an employee of the Senate.
Sec. 107.

Section 502(b) of the Mutual Security Act of 1954 (22 U.S.C. 1754(b)), relating to the use of foreign currency, is amended by striking out the last two sentences and inserting in lieu thereof the following: “Each member or employee of any such committee shall make, to the chairman of such committee in accordance with regulations prescribed by such committee, an itemized report showing the amounts and dollar equivalent values of each such foreign currency expended and the amounts of dollar expenditures made from appropriated funds in connection with travel outside the United States, together with the purposes of the expenditure, including lodging, meals, transportation, and other purposes. Within the first sixty days that Congress

Report to Clerk of the House or Secretary of the Senate.

is in session in each calendar year, the chairman of such committee shall prepare a consolidated report showing the total itemized expenditures during the preceding calendar year of the committee and each subcommittee thereof, and of each member or employee of such committee or subcommittee, and shall forward such consolidated report to the Clerk of the House of Representatives (if the committee be a committee of the House of Representatives or a joint committee whose funds are disbursed by the Clerk of the House) or to the Secretary of the Senate (if the committee be a Senate committee or joint committee whose funds are disbursed by the Secretary of the Senate).”.

This Act may be cited as the “Legislative Branch Appropriation

Short title.

Act, 1975”.
Approved August 13, 1974.
Public Law 93–372: To extend by sixty-two days the expiration date of the Export Administration Act of 1969. Public Law 372 88 Stat. 444 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–372
Joint Resolution To extend by sixty-two days the expiration date of the Export Administration Act of 1969.

August 14, 1974

[H. J. Res. 1104]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 14 of the Export Administration Act of 1969 is amended by striking out “July 30” and

Ante, p. 287.

 inserting in lieu thereof “September 30”.
Approved August 14, 1974.
Public Law 93–373: To provide for increased participation by the United States in the International Development Association and to permit United States citizens to purchase, hold, sell, or otherwise deal with gold in the United States or abroad. Public Law 373 88 Stat. 445 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 445 Public Law 93–373
An Act To provide for increased participation by the United States in the International Development Association and to permit United States citizens to purchase, hold, sell, or otherwise deal with gold in the United States or abroad.

August 14, 1974

[S. 2665]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the International

International Development Association.

U.S. participation increase.

Gold commerce.

U.S. citizen participation.

22 USC 284l.

 Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end thereof the following new section:
“Sec. 14. (a) The United States Governor is hereby authorized to agree on behalf of the United States to pay to the Association tour annual installments of $375,000,000 each as the United States contribution to the Fourth Replenishment of the Resources of the Association. “(b) In order to pay for the United States contribution, there is

Appropriation.

 hereby authorized to be appropriated without fiscal year limitation four annual installments of $375,000,000 each for payment by the Secretary of the Treasury.”.
Sec. 2. Subsections 3 (b) and (c) of Public Law 93–110 (87 Stat.

Repeals.

 352) are repealed and in lieu thereof add the following: “(b) No provision of any law in effect on the date of enactment of this Act, and no rule, regulation, or order in effect on the date subsections (a) and (b) become effective may be construed to prohibit any person from purchasing, holding, selling, or otherwise dealing with gold in the United States or abroad. “(c) The provisions of subsections (a) and (b) of this section shall

Effective date.

 take effect either on December 31, 1974, or at any time prior to such date that the President finds and reports to Congress that international

Presidential report to Congress.

 monetary reform shall have proceeded to the point where elimination of regulations on private ownership of gold will not adversely affect the United States international monetary position.”.
Sec. 3. The International Development Association Act (22 U.S.C.

Development of nuclear explosive devices, loan restrictions.

22 USC 284m.

 284 et seq.) is amended by inserting at the end thereof the following:
“Sec. 15. The United States Governor is authorized and directed to vote against any loan or other utilization of the funds of the Association for the benefit of any country which develops any nuclear explosive device, unless the country is or becomes a State Party to the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483).
Approved August 14, 1974.
Public Law 93–374: To amend the Export-Import Bank Act of 1945. Public Law 374 88 Stat. 445 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–374
Joint Resolution To amend the Export-Import Bank Act of 1945.

August 14, 1974

[S. J. Res. 229]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8 of the Export-Import Bank Act of 1945 is amended by striking out “July 30” and

Ante, p. 289.

 inserting in lieu thereof “September 30”.
Approved August 14, 1974.
Public Law 93–375: To amend the Act of August 9, 1955, relating to school fare subsidy for transportation of schoolchildren within the District of Columbia. Public Law 375 88 Stat. 446 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 446 Public Law 93–375
An Act To amend the Act of August 9, 1955, relating to school fare subsidy for transportation of schoolchildren within the District of Columbia.

August 14, 1974

[S. 3477]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 2 of

D.C.

School fare subsidy.

 the Act entitled “An Act to provide for the regulation of fares for the transportation of schoolchildren in the District of Columbia”, approved August 9, 1955 (D.C. Code, sec. 44–214a), as amended by an Act approved October 18, 1968, and by an Act approved August 11, 1971, is further amended by deleting “1974” and substituting “1977”.
Sec. 2. Notwithstanding any other provision of law, or any rule of

D.C. Code 44–214a note.

 law, nothing in this Act (including the amendment made by this Act) shall be construed as limiting the authority of the Council of the District of Columbia to enact any act or resolution, after January 2, 1975, pursuant to the District of Columbia Self-Government and Governmental Reorganization Act with respect to any matter covered

D.C. Code 1–121 note.

 by this Act.
Approved August 14, 1974.
Public Law 93–376: To regulate certain political campaign finance practices in the District of Columbia, and for other purposes. Public Law 376 88 Stat. 446 1974-08-14 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–376
An Act To regulate certain political campaign finance practices in the District of Columbia, and for other purposes.

August 14, 1974

[H. R. 15074]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

District of Columbia Campaign Finance Reform and Conflict of Interest Act.
TITLE I— Sec. 101. Sec. 102. TITLE II— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. Sec. 207. Sec. 208. Sec. 209. Sec. 210. Sec. 211. TITLE III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. 88 Stat. 447 TITLE IV— Sec. 401. Sec. 402. TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 506. Sec. 507. Sec. 508. Sec. 509. Sec. 510. TITLE VI— Sec. 601. Sec. 602. TITLE VII— Sec. 701. Sec. 702. Sec. 703. Sec. 704. Sec. 705. Sec. 706. Sec. 707. Sec. 708.
<num value="I">TITLE I—</num> <heading class="inline">SHORT TITLE, DEFINITIONS</heading> <section> <heading class="smallCaps centered">short title</heading> <section class="firstIndent1 fontsize10"> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <content class="inline">This Act may be cited as the “District of Columbia Campaign<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121 note.</p></sidenote> Finance Reform and Conflict of Interest Act.</content> </section> </section> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <chapeau class="inline">When used in this Act, unless otherwise provided—<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121.</p></sidenote></chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The term “election” means a primary, runoff, general, or special election held in the District of Columbia for the purpose of nominating an individual to be a candidate for election to office or for the purpose of electing a candidate to office, and includes a convention or caucus of a political party held for the purpose of nominating such a candidate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The term “candidate” means an individual who seeks nomination for election, or election, to office, whether or not such individual is nominated or elected, and, for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election, if<page identifier="/us/stat/88/448">88 <inline class="smallCaps">Stat</inline>. 448</page> he, has (1) obtained or authorized any other person to obtain nominating petitions to qualify himself for nomination for election, or election, to office. (2) received contributions or made expenditures, or has given his consent for any other person to receive contributions or make expenditures, with a view to bringing about his nomination for election, or election, to office, or (3) reason to know, or knows, that any other person has received contributions or made expenditures for that purpose, and has not notified that person in writing to cease receiving contributions or making expenditures for that purpose. A person who is deemed to be a candidate for the purposes of this Act shall not be deemed, solely by reason of that status, to be a candidate for the purposes of any other Federal law.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The term “office” means the office of Mayor of the District of Columbia, Chairman or member of the Council of the District of Columbia, member of the Board of Education of the District of Columbia, or an official of a political party.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <chapeau class="inline">The term “official of a political party” means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">national committeemen and national committeewomen;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">delegates to conventions of political parties nominating candidates for the Presidency and Vice Presidency of the United States:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">alternates to the officials referred to in clauses (1) and (2) above, where permitted by political party rules; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">such members and officials of local committees of political parties as may be designated by the duly authorized local committees of such parties for election, by public ballot, at large or by ward in the District of Columbia.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">The term “political committee” means any committee (including a principal campaign committee), club, association, organization, or other group of individuals organized for the purpose of. or engaged in. promoting or opposing a political party or the nomination or election of an individual to office.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <chapeau class="inline">The term “contribution” means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a gift, subscription (including any assessment, fee, or membership dues), loan, advance, or deposit of money or anything of value, made for the purpose of financing, directly or indirectly, the election campaign of a candidate or any operations of a political committee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a contract, promise, or agreement, whether or not legally enforceable, to make a contribution for any such purpose;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">a transfer of funds between political committees; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the payment, by any person other than a candidate or political committee, of compensation for the personal services of another person which are rendered to such candidate or committee without charge, or for less than reasonable value, for any such purpose or the furnishing of goods, advertising, or services to a candidate’s campaign without charge, or at a rate which is less than the rate normally charged for such services.</content> </paragraph> <continuation class="inline">Notwithstanding the foregoing, such term shall not be construed to include (A) services provided without compensation, by individuals<page identifier="/us/stat/88/449">88 <inline class="smallCaps">Stat</inline>. 449</page> volunteering a portion or all of their time on behalf of a candidate or political committee, (B) personal services provided without compensation by individuals volunteering a portion or all of their time to a candidate or political committee, (C) communications by an organization, other than a political party, solely to its members and their families on any subject, (D) communications (including advertisements) to any person on any subject by any organization which is organized solely as an issue-oriented organization, which communications neither endorse nor oppose any candidate for office, or (E) normal billing credit for a period not exceeding thirty days.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <chapeau class="inline">The term “expenditure” means—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value, made for the purpose of financing, directly or indirectly, the election campaign of a candidate or any operations of a political committee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">a transfer of funds between political committees; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">notwithstanding the foregoing provisions of this paragraph, such term shall not be construed to include the incidental expenses (as defined by the Board) made by or on behalf of individuals in the course of volunteering their time on behalf of a candidate or political committee.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">The term “person” means an individual, partnership, committee, association, corporation, labor organization, and any other organisation or group of persons.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">The term “Director” means the Director of Campaign Finance of the District of Columbia Board of Elections and Ethics created by title III.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="j">(j) </num> <content class="inline">The term “political party” means an association, committee, or organization which nominates a candidate for election to any office and qualifies under the District of Columbia Election Act (D.C. Code, sec. 1–1101 et seq.), to have the names of its nominees appear on the election ballot as the candidate of that association, committee, or organization.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="k">(k) </num> <content class="inline">The term “Board” means the District of Columbia Board of Elections and Ethics established under the District of Columbia Election Act (D.C. Code. sec. 1–1101 et seq.) and redesignated by section 306.</content> </subsection> </section> </section> <num value="II">TITLE II—</num> <heading class="inline">FINANCIAL DISCLOSURES</heading> <section> <heading class="smallCaps centered">organization of political committees</heading> <section class="firstIndent1 fontsize10"> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Every political committee shall have a chairman and <sidenote><p class="firstIndent1 fontsize8">Chairman and treasurer.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1131.</p></sidenote> a treasurer. No contribution and no expenditure shall be accepted or made by or on behalf of a political committee at a time when there is a vacancy in the office of treasurer thereof and no other person has been designated and has agreed to perform the functions of treasurer. No expenditure shall be made for or on behalf of a political committee without the authorization of its chairman or treasurer, or their designated agents.</content> </subsection> <page identifier="/us/stat/88/450">88 <inline class="smallCaps">Stat</inline>. 450</page> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Every person who receives a contribution of $10 or more for or<sidenote><p class="firstIndent1 fontsize8">Contributions.</p></sidenote> on behalf of a political committee shall, on demand of the treasurer, and in any event within five days after receipt of such contribution, submit to the treasurer of such committee a detailed account thereof, including the amount, the name and address (including the occupation and the principal place of business, if any) of the person making such contribution, and the date on which such contribution was received. All funds of a political committee shall be segregated from, and may<sidenote><p class="firstIndent1 fontsize8">Commingled funds, prohibition.</p></sidenote> not be commingled with any personal funds of officers, members, or associates of such committee.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <chapeau class="inline">Except for accounts of expenditures made out of the petty cash fund provided for under section 201(b), the treasurer of a political committee, and each candidate, shall keep a detailed and exact account of—<sidenote><p class="firstIndent1 fontsize8">Contributions and expenditures, accounts.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 451.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">all contributions made to or for such political committee or candidate:</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the full name and mailing address (including the occupation and the principal place of business, if any) of every person making a contribution of $10 or more, and the date and amount thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">all expenditures made by or on behalf of such committee or candidate; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the full name and mailing address (including the occupation and the principal place of business, if any) of every person to whom any expenditure is made, the date and amount thereof and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">The treasurer or candidate shall obtain and preserve such<sidenote><p class="firstIndent1 fontsize8">Records , preservation.</p></sidenote> receipted bills and records as may be required by the Board.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Each political committee and candidate shall include on the face or front page of all literature and advertisements soliciting funds the following notice: “<quotedText>A copy of our report is filed with the Director of Campaign Finance of the District of Columbia Board of Elections and Ethics.</quotedText>”.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">principal campaign committee</heading> <section class="firstIndent1 fontsize10"> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each candidate for office shall designate in writing<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1132.</p></sidenote> one political committee as his principal campaign committee. The principal campaign committee shall receive all reports made by any other political committee accepting contributions or making expenditures for the purpose of influencing the nomination for election, or election, of the candidate who designated it as his principal campaign committee. The principal committee may require additional reports to be made to it by any such political committee and may designate the time and number of all reports. No political committee may be designated as the principal campaign committee of more than one candidate, except a principal campaign committee supporting the nomination or election of a candidate as an official of a political party may support the nomination or election of more than one such candidate, but may not support the nomination or election of a candidate for any public office.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Each statement (including the statement of organization required under section 204) or report that a political committee is required to file with or furnish to the Director under the provisions of this Act shall also be furnished, if that political committee is not a principal campaign committee, to the campaign committee for the candidate on whose behalf that political committee is accepting or making, or intends to accept or make, contributions or expenditures.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The treasurer of each political committee which is a principal campaign committee, and each candidate, shall receive all reports and<page identifier="/us/stat/88/451">88 <inline class="smallCaps">Stat</inline>. 451</page> statements filed with or furnished to it or him by other political committees, consolidate, and furnish the reports and statements to the Director, together with the reports and statements of the principal campaign committee of which he is treasurer or which was designated by him, in accordance with the provisions of this title and regulations prescribed by the Board.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">designation of campaign depository</heading> <section class="firstIndent1 fontsize10"> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each political committee, and each candidate accepting <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1133.</p></sidenote> contributions or making expenditures, shall designate, in the registration statement required under section 204 or 205, one national bank located in the District of Columbia as the campaign depository of that political committee or candidate. Each such committee or candidate shall maintain a checking account at such depository and shall deposit any contributions received by the committee or candidate into that account. No expenditures may be made by such committee or candidate except by check drawn payable to the person to whom the expenditure is being made on that account, other than petty cash expenditures as provided in subsection (b).</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">A political committee or candidate may maintain a petty cash <sidenote><p class="firstIndent1 fontsize8">Petty cash fund.</p></sidenote> fund out of which may be made expenditures not in excess of $50 to any person in connection with a single purchase or transaction. A record <sidenote><p class="firstIndent1 fontsize8">Recordkeeping.</p></sidenote> of petty cash receipts and disbursements shall be kept in accordance with requirements established by the Board and such statements and reports thereof shall be furnished to the Director as it may require. Payments may be made into the petty cash fund only by check drawn on the checking account maintained at the campaign depository of such political committee or candidate.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">registration of political committees; statements</heading> <section class="firstIndent1 fontsize10"> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each political committee shall file with the Director <sidenote><p class="firstIndent1 fontsize8">Statement of organization.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1134.</p></sidenote> a statement of organization within ten days after its organization. Each such committee in existence at the date of enactment of this Act shall file a statement of organization with the Director at such time as the Director may prescribe—</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">The statement of organization shall include—<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the name and address of the political committee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the names, addresses, and relationships of affiliated or connected organizations;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the area, scope, or jurisdiction of the political committee;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the name, address, and position of the custodian of books and accounts;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the name, address, and position of other principal officers, including officers and members of the finance committee, if any;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the name, address, office sought, and party affiliation of (A) each candidate whom the committee is supporting, and (B) any other individual, if any, whom the committee is supporting for nomination for election or election, to any public office whatever; or, if the committee is supporting the entire ticket of any party, the name of the party;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">a statement whether the political committee is a continuing one;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the disposition of residual funds which will be made in the event of dissolution;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">the name and address of the bank designated by the committee as the campaign depository, together with the title and number of each account and safety deposit box used by that com-<page identifier="/us/stat/88/452">88 <inline class="smallCaps">Stat</inline>. 452</page>mittee at the depository, and the identification of each individual authorized to make withdrawals or payments out of each such account or box; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">such other information as shall be required by the Director.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Any change in information previously submitted in a statement of organization shall be reported to the Director within the ten-day period following the change.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Any political committee which, after having filed one or more statements of organization, disbands or determines it will no longer receive contributions or make expenditures during the calendar year shall so notify the Director.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">registration of candidates</heading> <section class="firstIndent1 fontsize10"> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each individual shall, within five days of becoming<sidenote><p class="firstIndent1 fontsize8">Filing.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1135.</p></sidenote> a candidate, or within five days of the day on which he, or any person authorized by him (pursuant to section 401 (d)) to do so, has received a contribution or made an expenditure in connection with his campaign or for the purposes of preparing to undertake his campaign, file with the Director a registration statement in such form as the Director may prescribe.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">In addition, candidates shall provide the Director the name and address of the campaign depository designated by that candidate, together with the title and number of each account and safety deposit box used by that candidate at the depository, and the identification of each individual authorized to make withdrawals or payments out of such account or box, and such other information as shall be required by the Director.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports by political committees and candidates</heading> <section class="firstIndent1 fontsize10"> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The treasurer of each political committee supporting<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1136.</p></sidenote> a candidate, and each candidate, required to register under this Act, shall file with the Director, and with the applicable principal campaign committee, reports of receipts and expenditures on forms to be prescribed or approved by the Director. Except for the first such<sidenote><p class="firstIndent1 fontsize8">Filing dates.</p></sidenote> report which shall be filed on the twenty-first day after the date of enactment of this Act, such reports shall be filed on the 10th day of March, June, August, October, and December in each year during which there is held an election for the office such candidate is seeking, and on the fifteenth and fifth days next preceding the date on which such election is held, and also by the 31st day of January of each year. In addition such reports shall be filed on the 31st day of July of each year in which there is no such election. Such reports shall be complete as of such date as the Director may prescribe, which shall not be more than five days before the date of filing, except that any contribution of $200 or more received after the closing date prescribed by the Director for the last report required to be filed prior to the election shall be reported within twenty-four hours after its receipt.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Each report under this section shall disclose—<sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amount of cash on hand at the beginning of the reporting period;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the full name and mailing address (including the occupation and the principal place of business, if any) of each person who has made one or more contributions to or for such committee or candidate (including the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events) within the calendar year in an aggregate amount or value in excess of $50 or more, together with the amount and date of such contributions:</content> </paragraph> <page identifier="/us/stat/88/453">88 <inline class="smallCaps">Stat</inline>. 453</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the total sum of individual contributions made to or for such committee or candidate during the reporting period and not reported under paragraph (2);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the name and address of each political committee or candidate from which the reporting committee or the candidate received, or to which that committee or candidate made, any transfer of funds, together with the amounts and dates of all transfers;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">each loan to or from any person within the calendar year in an aggregate amount or values of $50 or more, together with the full names and mailing addresses (including the occupation and the principal place of business, if any) of the lender and endorsers, if any, and the date and amount of such loans;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the net amount of proceeds from (A) the sale of tickets to each dinner, luncheon, rally, and other fundraising events organized by such committee; (B) mass collections made at such events; and (C) sales by such committee of items such as political campaign pins, buttons, badges, flags, emblems, hats, banners, literature, and similar materials;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">each contribution, rebate, refund, or other receipt of $50 or more not otherwise listed under paragraphs (2) through (6) ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">the total sum of all receipts by or for such committee or candidate during the reporting period;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">the full name and mailing address (including the occupation and the principal place of business, if any) of each person to whom expenditures have been made by such committee or on behalf of such committee or candidate within the calendar year in an aggregate amount or value of $10 or more, the amount, date, and purpose of each such expenditure and the name and address of, and office sought by, each candidate on whose behalf such expenditure was made;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="10">(10) </num> <content class="inline">the total sum of expenditures made by such committee or candidate during the calendar year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="11">(11) </num> <content class="inline">the amount and nature of debts and obligations owed by or to the committee, in such form as the Director may prescribe and a continuous reporting of its debts and obligations after the election at such periods as the Director may require until such debts and obligations are extinguished; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="12">(12) </num> <content class="inline">such other information as may be required by the Director.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The reports to be filed under subsection (a) shall be cumulative <sidenote><p class="firstIndent1 fontsize8">Cumulative reports.</p></sidenote> during the calendar year to which they relate, but where there has been no change in an item reported in a previous report during such year, only the unchanged amount need be carried forward. If no contributions or expenditures have been accepted or expended during a calendar year, the treasurer of the political committee or candidate shall file a statement to that effect.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Each treasurer of a political committee, each candidate for <sidenote><p class="firstIndent1 fontsize8">Cash contributions, reports.</p></sidenote> election to office, and each treasurer appointed by a candidate, shall file with the Director weekly reports of cash contributions on forms to be prescribed or approved by the Director.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports by others than political committees</heading> <section class="firstIndent1 fontsize10"> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num> <content class="inline">Every person (other than a political committee or candidate) <sidenote><p class="firstIndent1 fontsize8">Filing.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1137.</p></sidenote> who makes contributions or expenditures, other than by contribution to a political committee or candidate, in an aggregate amount of $50 or more within a calendar year shall file with the Director a statement containing the information required by section 206. Statements required by this section shall be filed on the dates on which reports by political committees are filed, but need not be cumulative.</content> </section> </section> <page identifier="/us/stat/88/454">88 <inline class="smallCaps">Stat</inline>. 454</page> <section> <heading class="smallCaps centered">formal requirements respecting reports and statements</heading> <section class="firstIndent1 fontsize10"> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">A report or statement required by this title to be filed<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1138.</p></sidenote> by a treasurer of a political committee, a candidate, or by any other person, shall be verified by the oath or affirmation of the person filing such report or statement, taken before any officer authorized to administer oaths.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">A copy of a report or statement shall be preserved by the person <sidenote><p class="firstIndent1 fontsize8">Copies.</p></sidenote> filing it for a period to be designated by the Board in a published regulation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The Board, shall, by published regulations of general applicability, <sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> prescribe the manner in which contributions and expenditures in the nature of debts and other contracts, agreements, and promises to make contributions or expenditures shall be reported. Such regulations shall provide that they be reported in separate schedules. In determining aggregate amounts of contributions and expenditures, amounts reported as provided in such regulations shall not be considered until actual payment is made.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">exemption for candidates who anticipate spending less than $250</heading> <section class="firstIndent1 fontsize10"> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num> <content class="inline">Except for the provisions of subsections (c] and (d) of<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1139.</p></sidenote> section 201, and subsection (a) of section 205, the provisions of this title shall not apply to any candidate who anticipates spending or spends less than $250 in any one election and who has not designated a principal campaign committee. On the fifteenth day prior to the date of the election in which such candidate is entered, and on the thirtieth day after the date of such election, such candidate shall certify to the Director that he has not spent more than $250 in such election.</content> </section> </section> <section> <heading class="smallCaps centered">identification of campaign literature</heading> <section class="firstIndent1 fontsize10"> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num> <content class="inline">All newspaper or magazine advertising, posters, circulars,<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1140.</p></sidenote> billboards, handbills, bumper stickers, sample ballots, and other printed matter with reference to or intended for the support or defeat of a candidate or group of candidates for nomination or election to any public office shall be identified by the words "paid for by" followed by the name and address of the payer or the committee or other person and its treasurer on whose behalf the material appears.</content> </section> </section> <section> <heading class="smallCaps centered">effect on liability</heading> <section class="firstIndent1 fontsize10"> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num> <content class="inline">Nothing in this title shall be construed as creating or<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1141.</p></sidenote> limiting in any way the liability of any person under existing law for any financial obligation incurred by a political committee or candidate.</content> </section> </section> <num value="III">TITLE III—</num> <heading class="inline">DIRECTOR OF CAMPAIGN FINANCE</heading> <section> <heading class="smallCaps centered">establishment of the office of director</heading> <section class="firstIndent1 fontsize10"> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established within the District of Columbia<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1151.</p></sidenote> Board of Elections and Ethics the office of Director of Campaign Finance (hereinafter in this Act referred to as the “Director”). The Commissioner of the District of Columbia shall appoint, by and with the advice and consent of the Senate, the Director, except that on and after January 2, 1975, any vacancy in the office of Director shall be filled by appointment by the Mayor, with the advice and consent of<sidenote><p class="firstIndent1 fontsize8">Appointment.</p></sidenote> the Council. Such appointments shall be made without regard to the provisions of title 5 of the United States Code, governing appoint-<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 et seq.</ref></p></sidenote><page identifier="/us/stat/88/455">88 <inline class="smallCaps">Stat</inline>. 455</page>merits in the competitive service. The Director shall be entitled to <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> receive compensation at the maximum rate as may be established from time to time for grade 16 of the General Schedule in section 5332 of title 5 of the United States Code, and shall be responsible for the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> administrative operations of the Board pertaining to this Act and shall perform such other duties as may be delegated or assigned to him from time to time by regulations or orders of the Board. However, the Board shall not delegate to the Director the making of regulations regarding elections.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Board may appoint a General Counsel without regard to <sidenote><p class="firstIndent1 fontsize8">General Counsel, appointment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 et seq.</ref></p></sidenote> the provisions of title 5 of the United States Code, governing appointments in the competitive service, to serve at the pleasure of the Board. The General Counsel shall be entitled to receive compensation at the same rate as the Director of the Board and shall be responsible solely to the Board. The General Counsel shall perform such duties as may be delegated or assigned to him from time to time by regulation or order of the Board.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">In any appropriate case where the Board upon its own motion <sidenote><p class="firstIndent1 fontsize8">Violations, prosecution.</p></sidenote> or upon recommendation of the Director makes a finding of an apparent violation of this Act, it shall refer such case to the United States Attorney for the District of Columbia for prosecution, and shall make <sidenote><p class="firstIndent1 fontsize8">Public notification.</p><p class="firstIndent1 fontsize8">Civil actions.</p></sidenote> public the fact of such referral and the basis for such finding. In addition, the Board, through its General Counsel, shall initiate, maintain, defend, or appeal any civil action (in the name of the Board) relating to the enforcement of the provisions of this Act. The Board <sidenote><p class="firstIndent1 fontsize8">Injunctive relief.</p></sidenote> may, through its General Counsel, petition the courts of the District of Columbia for declaratory or injunctive relief concerning any action covered by the provisions of this Act.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">powers of the director</heading> <section class="firstIndent1 fontsize10"> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Director, under regulations of general applicability <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1152.</p></sidenote> approved by the Board, shall have the power—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to require any person to submit in writing such reports and answers to questions as the Director may prescribe relating to the administration and enforcement of this Act; and such submission shall be made within such reasonable period and under oath or otherwise as the Director may determine;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to administer oaths;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to require by subpena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">in any proceeding or investigation to order testimony to be taken by deposition before any person who is designated by the Director and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">to pay witnesses the same fees and mileage as are paid in like circumstances in the Superior Court of the District of Columbia; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">to accept gifts and voluntary and uncompensated services. Subpenas issued under this section shall be issued by the Director upon <sidenote><p class="firstIndent1 fontsize8">Subpenas.</p></sidenote> the approval of the Board.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The Superior Court of the District of Columbia may, upon petition by the Board, in case of refusal to obey a subpena or order of the order. Board issued under subsection (a) of this section, issue an order requiring compliance therewith; and any failure to obey the order of the court may be punished by the court as a contempt thereof.</content> </subsection> </section> </section> <page identifier="/us/stat/88/456">88 <inline class="smallCaps">Stat</inline>. 456</page> <section> <heading class="smallCaps centered">duties of the director</heading> <section class="firstIndent1 fontsize10"> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <chapeau class="inline">The Director shall—<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1153.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">develop and furnish (upon request) prescribed forms for the making of the reports and statements required to be filed with him under this Act;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">develop a filing, coding, and cross-indexing system consonant with the purposes of this Act;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">make the reports and statements filed with him available<sidenote><p class="firstIndent1 fontsize8">Reports and statements, availability.</p></sidenote> for public inspection and copying, commencing as soon as practicable but not later than the end of the second day following the day during which it was received, and to permit and facilitate copying of any such report or statement by hand and by duplicating machine, as requested by any person, at reasonable cost to such person, except any information copied from such reports and statements shall not be sold or utilized by any person for the purpose of soliciting contributions or for any commercial purpose;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">preserve such reports and statements for a period of ten<sidenote><p class="firstIndent1 fontsize8">Recordkeeping.</p></sidenote> years from date of receipt;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">compile and maintain a current list of all statements or parts of statements on file pertaining to each candidate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">prepare and publish such other reports as he may deem appropriate;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="7">(7) </num> <content class="inline">assure dissemination of statistics, summaries, and reports prepared under this title;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="8">(8) </num> <content class="inline">make from time to time audits and field investigations with<sidenote><p class="firstIndent1 fontsize8">Audits and investigations.</p></sidenote> respect to reports and statements filed under the provisions of this title, and with respect to alleged failures to file any report or statement required under the provisions of this title; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="9">(9) </num> <content class="inline">perform such other duties as the Board may require.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">general accounting office to assist board and director</heading> <section class="firstIndent1 fontsize10"> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <content class="inline">The Board and Director may, in the performance of its<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1154.</p></sidenote> functions under this Act, request the assistance of the Comptroller General of the United States, including such investigations and audits as the Board and Director may determine necessary, and the Comptroller General shall provide such assistance with or without reimbursement, as the Board and Director and the Comptroller General shall agree.</content> </section> </section> <section> <heading class="smallCaps centered">nominating committee</heading> <section class="firstIndent1 fontsize10"> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Effective January 2, 1975, there is established within<sidenote><p class="firstIndent1 fontsize8">District of Columbia Board of Elections and Ethics Nominating Committee.</p><p class="firstIndent1 fontsize8">Establishment. </p><p class="firstIndent1 fontsize8">D.C. Code 1–1155.</p></sidenote> the Government of the District of Columbia a committee to be known as the “District of Columbia Board of Elections and Ethics Nominating Committee” (hereinafter in this Act referred to as the “Committee”). The Committee shall have the function of nominating individuals for appointment as members of the District of Columbia Board of Elections and Ethics for any and all vacancies occurring on such Board on or after the date on which a majority of the members first appointed pursuant to this section hold their first meeting as members of the Committee. Such nominations shall be made by the Committee in accordance with the provisions of this section. The Committee <sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote> shall consist of five members. Within ten days following the date on which a majority of the members are first appointed pursuant to this section, such members so appointed shall hold their first meeting as members of the Committee.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Two members of the Committee shall be appointed by the Mayor, at least one of whom shall be a lawyer.</content> </paragraph> <page identifier="/us/stat/88/457">88 <inline class="smallCaps">Stat</inline>. 457</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Three members of the Committee shall be appointed by the Chairman of the Council of the District of Columbia, with the approval of the Council.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Members of the Committee shall serve for terms of five years, <sidenote><p class="firstIndent1 fontsize8">Terms.</p></sidenote> except that of the members first appointed pursuant to subsection (b) (1), one shall serve for one year and one for five years, as designated at the time of appointment, and members appointed pursuant to subsection (b) (2), one shall serve for two years, one for three years, and one for four years, as designated at the time of appointment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">No individual may be appointed as a member of the Committee <sidenote><p class="firstIndent1 fontsize8">Qualifications.</p></sidenote> unless he or she—</chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <content class="inline">is a citizen of the United States, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">is a resident of the District of Columbia and has maintained his or her domicile within the District for at least one year immediately preceding the date of his or her appointment, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">is not a member of the Council of the District of Columbia or an officer or employee of the Government of the District of Columbia (including the judicial branch).</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Any vacancy in the membership of the Committee shall be filled <sidenote><p class="firstIndent1 fontsize8">Vacancies.</p></sidenote> in the same manner in which the original appointment was made. Any individual appointed to fill a vacancy, occur-ring other than upon the expiration of a term, shall serve only for the remainder of the term of such individual’s predecessor.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Members of the Committee shall be paid for each day spent <sidenote><p class="firstIndent1 fontsize8">Salaries.</p></sidenote> performing their duties as members of the Committee at a rate which is equal to the daily equivalent of the rate provided by step 1 of grade 17 of the General Schedule under section 5832 of title 5, United States Code. </content> </subsection> <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p><p class="firstIndent1 fontsize8">Meetings, notification.</p></sidenote> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as otherwise provided in subsection (a) of this section, the Committee shall act only at meetings called by the Chairman or a majority of the members thereof and only after notice has been given of such meeting to all members of the Committee.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Committee shall choose annually from among its members <sidenote><p class="firstIndent1 fontsize8">Chairman.</p></sidenote> a Chairman and such other officers as it deems necessary. The Committee may adopt such rules of procedure as may be necessary to govern the business of the Committee.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Each agency of the government of the District of Columbia shall <sidenote><p class="firstIndent1 fontsize8">Information, interagency cooperation.</p></sidenote> furnish to the Committee, upon request, such records, information, services, and such other assistance and facilities as may be necessary to enable the Committee to perform its function properly. Any information furnished to the Committee designated “confidential” by the person furnishing it to the Committee shall be treated by the Committee as privileged and confidential.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In the event of any such vacancy in the District of Columbia <sidenote><p class="firstIndent1 fontsize8">Vacancies appointment.</p></sidenote> Board of Elections and Ethics, the Committee shall, within thirty days after such vacancy occurs, submit a list of three persons as nominees for appointment by the Mayor to fill the vacancy. If more than one such vacancy exists at the same time, the Committee shall submit a separate list of nominees for appointment to fill each such vacancy, and no individual’s name shall appear on more than one such list. In filling such vacancy, the Mayor may appoint more than one individual from any list currently before the Mayor. In any case in which, after the expiration of the thirty-day period following the date on which a majority of the members of the Committee first meet as provided in subsection (a), a vacancy is scheduled to occur, by reason of the expiration of a term of office, the Committee’s list of nominees for appointment to fill that vacancy shall be submitted to the Mayor not less than thirty days prior to the expiration of that term.</content> </paragraph> <page identifier="/us/stat/88/458">88 <inline class="smallCaps">Stat</inline>. 458</page> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">If the Mayor fails to submit for Council approval the name of one of the individuals on a list submitted to the Mayor under this section within thirty days after receiving such list, the Committee shall appoint, with the approval of the Council, an individual named on the list to fill the vacancy for which such list of nominees was prepared.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Any individual whose name is submitted by the Committee as a nominee for appointment to the District of Columbia Board of Elections and Ethics may request that the nomination of such individual be withdrawn. If any such individual requests that his or her nomination be withdrawn, dies, or becomes disqualified to serve as a member of the Board, the Committee shall promptly nominate an individual to replace the individual originally nominated on the list submitted to the Mayor.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">Members of the Committee shall be appointed as soon as practicable, but in no event later than June 30, 1975.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">district of columbia board of elections and ethics</heading> <section class="firstIndent1 fontsize10"> <num value="306"><inline class="smallCaps">Sec</inline>. 306. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">On and after the date of the enactment of this Act, <sidenote><p class="firstIndent1 fontsize8">Board of Elections of the District of Columbia, name change.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1156.</p></sidenote> the Board of Elections of the District of Columbia established under the District of Columbia Election Act (D.C. Code, sec. 1–1101 et seq.), shall be known as the “District of Columbia Board of Elections and Ethics” and shall have the powers, duties, and functions as provided in such Act, in any other law in effect on the date immediately preceding the date of the enactment of this Act, and in this Act. Any reference in any law or regulation to the Board of Elections for the District of Columbia or the District of Columbia Board of Elections shall, on and after the date of the enactment of this Act, be held and considered to refer to the District of Columbia Board of Elections and Ethics.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any person who violates any provision of this Act or of<sidenote><p class="firstIndent1 fontsize8">Violations. </p></sidenote> the District of Columbia Election Act may be assessed a civil penalty by the District of Columbia Board of Elections and Ethics under paragraph (2) of this subsection of not more than $50 for each such<sidenote><p class="firstIndent1 fontsize8">Penalty.</p></sidenote> violation. Each occurrence of a violation of this Act and each day of noncompliance with a disclosure requirement of this Act or an order of the Board shall constitute a separate offense.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">A civil penalty shall be assessed by the Board by order only<sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote> after the person charged with a violation has been given an opportunity for a hearing, and the Board has determined, by decision incorporating its findings of facts therein, that a violation did occur, and the amount of the penalty. Any hearing under this section shall be of record and shall be held in accordance with chapter 5 of title 5, United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s500">5 USC 500</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">If the person against whom a civil penalty is assessed fails<sidenote><p class="firstIndent1 fontsize8">Enforcement, petition.</p></sidenote> to pay the penalty, the Board shall file a petition for enforcement of its order assessing the penalty in the Superior Court of the District of Columbia. The petition shall designate the person against whom the order is sought to be enforced as the respondent. A copy of the petition shall be forthwith sent by registered or certified mail to the respondent and his attorney of record, and if the respondent is a political committee, to the Chairman thereof, and thereupon the Board shall certify and file in such court the record upon which such order sought to be enforced was issued. The court shall have jurisdiction to<sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote> enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order and the decision of the Board or it may remand the proceedings to the Board for such further action as it may direct. The court may determine de novo all issues of law but the Board’s findings of fact, if supported by substantial evidence, shall be conclusive.</content> </paragraph> </subsection> <page identifier="/us/stat/88/459">88 <inline class="smallCaps">Stat</inline>. 459</page> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Upon application made by any individual holding public office, <sidenote><p class="firstIndent1 fontsize8">Advisory opinion.</p></sidenote> any candidate, or any political committee, the Board, through its General Counsel, shall provide within a reasonable period of time an advisory opinion, with respect to any specific transaction or activity inquired of, as to whether such transaction or activity would constitute a violation of any provision of this Act or of any provision of the District of Columbia Election Act over which the Board has primary jurisdiction.</content> </subsection> </section> </section> <num value="IV">TITLE IV—</num> <heading class="inline">FINANCE LIMITATIONS</heading> <section> <heading class="smallCaps centered">general limitations</heading> <section class="firstIndent1 fontsize10"> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">No individual shall make any contribution which, and <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1161.</p></sidenote> no person shall receive any contribution from any individual which when aggregated with all other contributions received from that individual, relating to a campaign for nomination as a candidate for election to public office, including both the primary and general or special elections, exceeds—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the case of a contribution in support of a candidate for Mayor, $1,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in the case of a contribution in support of a candidate for Chairman of the Council, $750 ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Council elected at large, $500;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Board of Education elected at large or for member of the Council elected from a ward, $200, and in the case of a runoff election, an additional $200;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Board of Education elected from a ward or for official of a political party, $100, and in case of a runoff election, an additional $100; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">in the case of a contribution in support of a candidate for a member of an Advisory Neighborhood Council, $25.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">No person (other than an individual with respect to whom subsection (a) applies) shall make any contribution which, and no person shall receive any contribution from any person (other than such an individual) which when aggregated with all other contributions received from that person, relating to a campaign for nomination as a candidate or election to public office, including both the primary and general or special elections, exceeds—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the case of a contribution in support of a candidate for Mayor, $2,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in the case of a contribution in support of a candidate for Chairman of the Council, $1,500;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Council elected at large, $1,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Board of Education elected at large or for member of the Council elected from a ward $400, and in the case of a runoff election, an additional $400;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">in the case of a contribution in support of a candidate for member of the Board of Education elected from a ward or for official of a political party, $200, and in the case of a runoff election, an additional $200; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">in the case of a contribution in support of a candidate for a member of an Advisory Neighborhood Council, $25.</content> </paragraph> <page identifier="/us/stat/88/460">88 <inline class="smallCaps">Stat</inline>. 460</page> <continuation class="inline">For the purposes of this subsection, the term “person” shall include<sidenote><p class="firstIndent1 fontsize8">“Person.”</p></sidenote> a candidate making contributions relating to his candidacy for nomination for election, or election, to office. Notwithstanding the preceding provisions of this subsection, a candidate for member of the Council elected from a ward may contribute $1,000 to his own campaign. The provisions of this subsection to the extent that such provisions are applicable to corporations and unions shall, to that extent, expire as of July 1, 1975, unless the Council of the District of Columbia on or before such date enacts legislation repealing or modifying such provisions or extending such provisions<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> as to corporations and unions on and after that date. In the event that the Council fails to so repeal, modify, or extend such provisions as to corporations and labor unions, the Council shall report its reasons therefor to the Committees on the District of Columbia of the Senate and the House of Representatives prior to August 1, 1975.</continuation> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">No individual shall make any contribution in any one election<sidenote><p class="firstIndent1 fontsize8">Contribution limitation.</p></sidenote> which when aggregated with all other contributions made by that individual in that election exceeds $2,000.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any expenditure made by any person advocating the election or defeat of any candidate for office which is not made at the request or suggestion of the candidate, any agent of the candidate, or any political committee authorized by the candidate to make expenditures or to receive contributions for the candidate is not considered a contribution to or an expenditure by or on behalf of the candidate for the purposes of the limitations specified in this Act.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">No person may make any unauthorized expenditure advocating<sidenote><p class="firstIndent1 fontsize8">Unauthorized, expenditure, prohibition.</p></sidenote> the election or defeat of a clearly identified candidate during a calendar year which, when added to all other unauthorized expenditures made by that person during the year advocating the election or defeat of that candidate, exceeds $1,000.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">For purposes of paragraph (2) —<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="A">(A) </num> <chapeau class="inline">“clearly identified” means—</chapeau> <clause class="indent3 firstIndent1 fontsize10"> <num value="i">(i) </num> <content class="inline">the candidate’s name appears,</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="ii">(ii) </num> <content class="inline">a photograph or drawing of the candidate appears, or</content> </clause> <clause class="indent3 firstIndent1 fontsize10"> <num value="iii">(iii) </num> <content class="inline">the identity of the candidate is apparent by unambiguous reference,</content> </clause> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="B">(B) </num> <content class="inline">“person” does not include the central committee of a political party, and</content> </subparagraph> <subparagraph class="indent2 firstIndent1 fontsize10"> <num value="C">(C) </num> <content class="inline">“expenditure” does not include any payment made or incurred by a corporation or labor organization which, under the provisions of section 610 of title 18 of the United States Code would not constitute an expenditure by that corporation or labor organization.</content> </subparagraph> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Every Candidate shall file a statement with the Board, in such<sidenote><p class="firstIndent1 fontsize8">Statement, filing.</p></sidenote> manner and form and at such times as the Board may prescribe, authorizing any person or any political committee organized primarily to support the candidacy of such candidate to either directly or indirectly, receive contributions, or make expenditures in behalf of, such candidate. No person and no committee organized primarily to support a single candidate may, either directly or indirectly, receive contributions or make expenditures in behalf of, such candidate without the written authorization of such candidate as required by this paragraph.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">In no case shall any person receive or make any contribution<sidenote><p class="firstIndent1 fontsize8">Cash contribution, limitation.</p></sidenote> in legal tender in an amount of $50 or more.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">No person shall make a contribution in the name of another person, and no person shall knowingly accept a contribution made by one person in the name of another person.</content> </subsection> <page identifier="/us/stat/88/461">88 <inline class="smallCaps">Stat</inline>. 461</page> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">For purposes of the limitations contained in this section all contributions made by any person directly or indirectly to or for the benefit of a particular candidate, including contributions which are in any way earmarked, encumbered, or otherwise directed through an intermediary or conduit to that candidate, shall be treated as contributions from that person to that candidate.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No candidate or member of the immediate family of a candidate may make a loan or advance from his personal funds for use in connection with a campaign of that candidate for nomination for election, or for election, to public office unless that loan or advance is evidenced by a written instrument fully disclosing the terms, conditions, and parts to the loan or advance. The amount of any such loan or advance shall be included in computing and applying the limitations contained in this section only to extent of the balance of the loan or advance which is unpaid at the time of determination.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">For purposes of this subsection, the term “immediate family” <sidenote><p class="firstIndent1 fontsize8">“Immediate family.”</p></sidenote> means the candidate’s spouse and any parent, brother, or sister, or child of the candidate, and the spouse of any such parent, brother, sister, or child.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">limitation of expenditures</heading> <section class="firstIndent1 fontsize10"> <num value="402"><inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a) </num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No principal campaign committee shall expand <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1162.</p></sidenote> any funds which when aggregated with funds expended by it, all other committees required to report to it, and by a candidate supported by such committee shall exceed (1) in the case of a candidate for Mayor, $200,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $120,000 for one of such elections and $80,000 for the other of such elections; (2) in the case of a candidate for Chairman of the Council, $150,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $90,000 for one of such elections and $60,000 for the other of such elections; (3) in the case of a candidate for member of the Council elected at large, $100,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $60,000 for one of such elections and $40,000 for the other of such elections; (4) in the case of a candidate for member of the Board of Education elected at large or member of the Council elected from a ward, $20,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $12,000 for one of such elections and $8,000 for the other of such elections; (5) in the case of a candidate for member of the Board of Education elected from a ward, or in support of any candidate for office of a political party, $10,000 in the aggregate for any primary and general election in connection therewith, but in no event in excess of $6,000 for one of such elections and $4,000 for the other of such elections; and (6) in the case of a candidate for member of an Advisory Neighborhood Council, $500.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">At the beginning of each calendar year (commencing in 1976), as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor, the Secretary of Labor shall certify to the Board and the Board shall publish in the District of <sidenote><p class="firstIndent1 fontsize8">Publication in District of Columbia Register.</p></sidenote> Columbia Register the per centum difference between the price index for the twelve months preceding the beginning of such calendar year and the price index for 1974. Each amount determined under paragraph (1) shall be changed by such per centum difference. Each amount so changed shall be the amount in effect for such calendar year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">No political committee or candidate shall knowingly expend any funds at a time when the principal campaign committee to which it shall report, or which has been designated by him, is precluded by sub-<page identifier="/us/stat/88/462">88 <inline class="smallCaps">Stat</inline>. 462</page>section (a) from expending funds or which would cause such principal committee to be precluded from further expenditures. Any principal campaign committee of a candidate having reasonable knowledge to believe that further expenditures by a political committee registered in support of such candidate, or by the candidate it supports, will exceed the expenditure limitations specified in subsection (a) shall immediately notify, in writing, such political committee or candidate of that fact.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Any expenditure made in connection with a campaign in a calendar year other than the calendar year in which the election is held to which that campaign relates is, for the purposes of this section, considered to be made during the calendar year in which that election is held.</content> </subsection> </section> </section> <num value="V">TITLE V—</num> <heading class="inline">LOBBYING</heading> <section> <heading class="smallCaps centered">definitions</heading> <section class="firstIndent1 fontsize10"> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <chapeau class="inline">When used in this title—<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1171.</p></sidenote></chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The term “contribution” includes a gift, subscription, loan, advance, or deposit of money or anything of value and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The term “expenditure” includes a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The term “legislation” means bills, resolutions, amendments, nominations, rules, and other matters pending or proposed in the Council of the District of Columbia, and includes any other matter which may be the subject of action by the Council of the District of Columbia.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">detailed accounts of contributions; retention of receipted bills of expenditures</heading> <section class="firstIndent1 fontsize10"> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">It shall be the duty of every person who shall in any<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1172.</p></sidenote> manner solicit or receive a contribution to any organization or fund for the purposes hereinafter designated to keep a detailed and exact account of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">all contributions of any amount or of any value whatsoever;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the name and address of every person making any such contribution of $200 or more and the date thereof;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">all expenditures made by or on behalf of such organization or fund; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the name and address of every person to whom any such expenditure is made and the date thereof.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">It shall be the duty of such person to obtain and keep a receipted bill, stating the particulars, for every expenditure of such funds exceeding $10 in amount, and to preserve all receipted bills and accounts required to be kept by this section for a period of at least two years from the date of the filing of the statement containing such items.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">receipts for contributors</heading> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num> <content class="inline">Every individual who receives a contribution of $200 or<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1173.</p></sidenote> more for any of the purposes hereinafter designated shall within five days after receipt thereof render to the person or organization for which such contribution was received a detailed account thereof,<page identifier="/us/stat/88/463">88 <inline class="smallCaps">Stat</inline>. 463</page> including the name and address of the person making such contribution and the date on which received.</content> </section> </section> <section> <heading class="smallCaps centered">statements of accounts filed with director</heading> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Every person receiving any contributions or expending <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1174.</p></sidenote> any money for the purposes designated in subparagraph (a) or (b) of section 506 of this title shall file with the Director between the first and tenth day of each calendar quarter, a statement containing complete as of the day next preceding the date of filing—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the name and address of each person who has made a contribution of $200 or more not mentioned in the preceding report; except that the first report filed pursuant to this title shall contain the name and address of each person who has made any contribution of $200 or more to such person since January 2, 1975;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the total sum of the contributions made to or for such person during the calendar year and not stated under paragraph (1) of this subsection ;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the total sum of all contributions made to or for such person during the calendar year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the name and address of each person to whom an expenditure in one or more items of the aggregate amount or value, within the calendar year, of $10 or more has been made by or on behalf of such person, and the amount, date, and purpose of such expenditure;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the total sum of all expenditures made by or on behalf of such person during the calendar year and not stated under paragraph (4) of this subsection;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the total sum of expenditures made by or on behalf of such person during the calendar year.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The statements required to be filed by subsection (a) of this <sidenote><p class="firstIndent1 fontsize8">Cumulative statements.</p></sidenote> section shall be cumulative during the calendar year to which they relate, but where there has been no change in an item reported in a previous statement only the amount need be carried forward.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">preservation of statements</heading> <section class="firstIndent1 fontsize10"> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <chapeau class="inline">A statement required by this title to be filed with the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1175.</p></sidenote> Director—</chapeau> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">shall be deemed properly filed when deposited in an established <sidenote><p class="firstIndent1 fontsize8">Filing.</p></sidenote> post office within the prescribed time, duly stamped, registered, and directed to the Director, Washington, District of Columbia, but in the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the Director of its nonreceipt;</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">shall be preserved by the Director for a period of two years. <sidenote><p class="firstIndent1 fontsize8">Public inspection.</p></sidenote> from the date of filing, shall constitute part of the public records of his office, and shall be open to public inspection.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">persons to whom title is applicable</heading> <section class="firstIndent1 fontsize10"> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num> <chapeau class="inline">The provisions of this title shall apply to any person <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1176.</p></sidenote> (except a political committee) who, by himself, or through any agent or employee or other persons in any manner whatsoever, directly or indirectly, solicits, collects, or receives money or any other thing of value to be used principally to aid, or the principal purpose of which person is to aid, in the accomplishment of any of the following purposes:</chapeau> <page identifier="/us/stat/88/464">88 <inline class="smallCaps">Stat</inline>. 464</page> <subsection class="firstIndent1 fontsize10"> <num value="a">(a) </num> <content class="inline">The passage or defeat of any legislation by the Council of the District of Columbia.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">To influence, directly or indirectly, the passage or defeat of any legislation by the Council of the District of Columbia.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">registration of lobbyists with director; compilation of information</heading> <section class="firstIndent1 fontsize10"> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any person who shall engage himself for pay or for<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1177.</p></sidenote> any consideration for the purpose of attempting to influence the passage or defeat of any legislation by the Council of the District of Columbia shall, before doing anything in furtherance of such object, register with the Director and shall give to him in writing and under oath, his name and business address, the name and address of the person by whom he is employed, and in whose interest he appears or works, the duration of such employment, how much he is paid and is to receive, by whom he is paid or is to be paid, how much he is to be paid for expenses, and what expenses are to be included. Each such<sidenote><p class="firstIndent1 fontsize8">Financial report.</p></sidenote> person so registering shall, between the first and tenth day of each calendar quarter, so long as his activity continues, file with the Director a detailed report under oath of all money received and expended by him during the preceding calendar quarter in carrying on his work; to whom paid; for what purposes; and the names of any papers, periodicals, magazines, or other publications in which he has caused to be published any articles or editorials; and the proposed legislation he is employed to support or oppose. The provisions of this section shall not apply to any person who merely appears before the Council of the District of Columbia, or a committee thereof, in support of or opposition to legislation; nor to any public official acting in his official capacity; nor in the case of any newspaper or other regularly published periodical (including any individual who owns, publishes, or is employed by any such newspaper or periodical) which in the ordinary course of business publishes news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislation, if such newspaper, periodical, or individual, engages in no further or other activities in connection with the passage or defeat of such legislation, other than to appear before a committee of the Council of the District of Columbia in support of or in opposition to such legislation.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">All information required to be filed under the provisions of this section with the Director shall be compiled by the Director as soon as practicable after the close of the calendar quarter with respect to which such information is filed and shall be printed in the District<sidenote><p class="firstIndent1 fontsize8">Publication in District of Columbia Register.</p></sidenote> of Columbia Register.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">reports and statements under oath</heading> <section class="firstIndent1 fontsize10"> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num> <content class="inline">All reports and statements required under this title shall<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1178.</p></sidenote> be made under oath, before an officer authorized by law to administer oaths.</content> </section> </section> <section> <heading class="smallCaps centered">penalties and prohibitions</heading> <section class="firstIndent1 fontsize10"> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any person who violates any of the provisions of this<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1179.</p></sidenote> title, shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $5,000 or imprisonment for not more than twelve months, or both.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">In addition to the penalties provided for in subsection (a) of this section, any person convicted of the misdemeanor specified<page identifier="/us/stat/88/465">88 <inline class="smallCaps">Stat</inline>. 465</page> therein is prohibited, for a period of three years from the date of such conviction, from attempting to influence, directly or indirectly, the passage or defeat of any proposed legislation or from appearing before a committee of the Council of the District of Columbia in support of or opposition to proposed legislation; and any person who violates any provision of this subsection shall be guilty of a felony, and shall be punished by a fine of not more than $10,000, or imprisonment for not more than five years, or both.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">exemption</heading> <section class="firstIndent1 fontsize10"> <num value="510"><inline class="smallCaps">Sec</inline>. 510. </num> <chapeau class="inline">The provisions of this title shall not apply to—<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1180.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">any Member of the United States House of Representatives or any Senator;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">any member of a staff of any person specified in paragraph (1) while operating within the scope of his employment;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">any member of an Advisory Neighborhood Council;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">any person who receives less than $500 during the calendar year as compensation for performing services relating to the influencing of legislation; or</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">any entity specified in section 1(d) of title II of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47–1554(d)), no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation.</content> </paragraph> </section> </section> <num value="VI">TITLE VI—</num> <heading class="inline">CONFLICT OF INTEREST AND DISCLOSURE</heading> <section> <heading class="smallCaps centered">conflict of interest</heading> <section class="firstIndent1 fontsize10"> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Congress declares that elective and public office D.C. Code 1–1181. is a public trust, and any effort to realize personal gain through official conduct is a violation of that trust.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">No public official shall use his official position or office to obtain financial gain for himself, any member of his household, or any business with which he or a member of his household is associated, other than that compensation provided by law for said public official.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">No person shall offer or give to a public official or a member of a public official’s household, and no public official shall solicit or receive anything of value, including a gift, favor, service, loan gratuity, discount, hospitality, political contribution, or promise of future employment, based on any understanding that such public official’s official actions or judgment or vote would be influenced thereby, or where it could reasonably be inferred that the thing of value would influence the public official in the discharge of his duties, or as a reward, or which would cause the total value of such things received from the same person not a member of such public official’s household to exceed $100 during any single calendar year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">No person shall offer or pay to a public official, and no public official shall solicit or receive any money, in addition to that lawfully received by the public official in his official capacity, for advice or assistance given in the course of the public official’s employment or relating to his employment.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">No public official shall use or disclose confidential information <sidenote><p class="firstIndent1 fontsize8">Confidential information, use or disclosure, prohibition.</p></sidenote> given in the course of or by reason of his official position or activities in any way that could result in financial gain for himself or for any other person.</content> </subsection> <page identifier="/us/stat/88/466">88 <inline class="smallCaps">Stat</inline>. 466</page> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">No member or employee of the Council of the District of Columbia or Board of Education of the District of Columbia shall accept assignment to serve on a committee the jurisdiction of which consists of matters (other than of a de minimis nature) in which he or a member of his family or a business with which he is associated, has financial interest.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <chapeau class="inline">Any public official who, in the discharge of his official duties,<sidenote><p class="firstIndent1 fontsize8">Conflict of interest, written statement.</p></sidenote> would be required to take an action or make a decision that would affect directly or indirectly his financial interests or those of a member of his household, or a business with which he is associated, or must take an official action on a matter as to which he has a conflict situation created by a personal, family, or client interest, shall—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">prepare a written statement describing the matter requiring action or decision, and the nature of his potential conflict of interest with respect to such action or decision;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">cause copies of such statement to be delivered to the District of Columbia Board of Elections and Ethics (referred to in this title as the “Board”), and to his immediate superior, if any;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">if he is a member of the Council of the District of Columbia or member of the Board of Education of the District of Columbia, or employee of either, deliver a copy of such statement to the Chairman thereof, who shall cause such statement to be printed in the record of proceedings, and, upon request of said member or employee, shall excuse the member from votes, deliberations, and other action on the matter on which a potential conflict exists;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">if he is not a member of the Council of the District of Columbia, his superior, if any, shall assign the matter to another employee who does not have a potential conflict of interest, or, if he has no immediate superior, he shall take such steps as the Board prescribes through rules and regulations to remove himself from influence over actions and decisions on the matter on which potential conflict exists; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">during a period when a charge of conflict of interest is under investigation by the Board, if he is not a member of the Council of the District of Columbia or a member of the Board of Education, his superior, if any, shall have the arbitrary power to assign the matter to another employee who does not have a potential conflict of interest, or if he has no immediate superior, he shall take such steps as the Board shall prescribe through rules and regulations to remove himself from influence over actions and decisions on the matter on which there is a conflict of interest.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <content class="inline">Neither the Mayor nor any member of the Council of the District of Columbia may represent another person before any regulatory agency or court of the District of Columbia while serving in such office. The preceding sentence does not apply to an appearance by such an official before any such agency or court in his official capacity.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="i">(i) </num> <chapeau class="inline">As used in this section, the term—<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">“public official” means the office of the Mayor of the District of Columbia, Chairman of the Council of the District of Columbia, or member of the Council of the District of Columbia, or Chairman or member of the Board of Education of the District of Columbia, or each officer or employee of the District of Columbia government who performs duties of the type generally performed by an individual occupying grade GS-15 of the General<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> Schedule or any higher grade or position (as determined by the Board regardless of the rate of compensation of such individual);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“business” means any corporation, partnership, sole pro-<page identifier="/us/stat/88/467">88 <inline class="smallCaps">Stat</inline>. 467</page>prietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock, trust, and any legal entity through which business is conducted for profit;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">“business with which he is associated” means any business of which the person or member of his household is a director, officer, owner, employee, or holder of stock worth $1,000 or more at fair market value, and any business which is a client of that person;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">“household” means the public official and his immediate family; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">“immediate family” means the public official’s spouse and any parent, brother, or sister, or child of the public official, and the spouse of any such parent, brother, sister, or child.</content> </paragraph> </subsection> </section> </section> <section> <heading class="smallCaps centered">disclosure of financial interest</heading> <section class="firstIndent1 fontsize10"> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Any candidate for nomination for election, or election, <sidenote><p class="firstIndent1 fontsize8">Annual report.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1182.</p></sidenote> to public office who at the time he becomes a candidate, does not occupy any such office, shall file within one month after he becomes a candidate for such office, and the Mayor, and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Self-Government and Governmental Reorganization Act, and the Chairman and each member of the Board of <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–121 note.</p></sidenote> Education, shall file annually, with the Board a report containing a full and complete statement of—</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amount and source of each item of income, each item <sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote> of reimbursement for any expenditure, and each gift or aggregate of gifts from one source (other than gifts received by him or by him and his spouse jointly during the preceding calendar year) which exceeds $100 in amount or value, including any fee or other honorarium received by him for or in connection with the preparation or delivery of any speech or address, attendance at any convention or other assembly of individuals, or the preparation of any article or other composition for publication, and the monetary value of subsistence, entertainment, travel, and other facilities received by him in kind;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the identity of each asset held by him, or by him and his spouse jointly which has a value in excess of $1,000, and the identity and amount of each liability owned by him, or by him and his spouse jointly, which is in excess of $1,000 as of the close of the preceding calendar year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">any transactions in securities of any business entity by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction during the preceding calendar year if the aggregate amount involved in transactions in the securities of such business entity exceeds $5,000 during such year;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">all transactions in commodities by him, or by him and his spouse jointly, or by any person acting on his behalf, or pursuant to his direction during the preceding calendar year if the aggregate amount involved in such transactions exceeds $5,000;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">any purchase or sale, other than the purchase or sale of his personal residence, of real property or any interest therein by him, or by him and his spouse jointly, or by any person acting on his behalf or pursuant to his direction, during the preceding calendar year if the value of property involved in such purchase or sale exceeds $5,000; and</content> </paragraph> <page identifier="/us/stat/88/468">88 <inline class="smallCaps">Stat</inline>. 468</page> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the amount of each tax paid by the individual, or by the individual and the individual’s spouse filing jointly, for the preceding calendar year, except in the case of candidates filing reports during calendar year 1974, who shall file reports for the preceding three calendar years.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <chapeau class="inline">Any candidate for nomination for, or election to, office who at<sidenote><p class="firstIndent1 fontsize8">Personal financial interests, annual report, filing.</p></sidenote> the time he becomes a candidate, does not occupy any such office, shall file within one month after he becomes a candidate for such office, and the Mayor, and the Chairman and each member of the Council of the District of Columbia holding office under the District of Columbia Self-Government and Governmental Reorganization Act, and the<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–121 note.</p></sidenote> Chairman and each member of the Board of Education, and each officer and employee of the District of Columbia government who performs duties of the type generally performed by an individual occupying grade GS–15 of the General Schedule under section 5332 of title 5, United States Code, or any higher grade or position (as determined<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote> by the Board regardless of the rate of compensation of such individual), shall file with the Board in a sealed envelope marked “Confidential Personal Financial Disclosure of (name)”, before the fifteenth day of May in each year, the following reports of his personal financial interests:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">a copy of the returns of taxes, declarations, statements, or other documents which he, or he and his spouse jointly, made for he preceding year in compliance with the income tax provisions of the Internal Revenue Code of 1954;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1 et seq.</ref></p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the name and address of each business or professional corporation, firm, or enterprise in which he was an officer, director, partner, proprietor, or employee who received compensation during the preceding year and the amount of such compensation;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the identity of each trust or other fiduciary relation in which he held a beneficial interest having a value of $10,000 or more, and the identity, if known, of each interest of the other fiduciary relation in real or personal property in which the candidate, officer, or employee held a beneficial interest having a value of $10,000 or more, at any time during the preceding year. If he cannot obtain the identity of the fiduciary interests, the candidate, officer, or employee shall request the fiduciary to report that information to the Board in the same manner that reports are filed under this rule.</content> </paragraph> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Except as otherwise provided by this section, all papers filed under this section shall be kept by the Board in the custody of the Director for not less than seven years, and while so kept shall remain sealed. Upon receipt of a request by any member of the Board<sidenote><p class="firstIndent1 fontsize8">Reports, audit.</p></sidenote> adopted by a recorded majority vote of the full Board requesting the examination and audit of any of the reports filed by any individual under section (b) of this title, the Director shall transmit to the Board the envelopes containing such reports. Within a reasonable time after such recorded vote has been taken, the individual concerned shall be informed of the vote to examine and audit, and shall be advised of the nature and scope of such examination. When any sealed envelope containing any such report is received by the Director, such envelope may be opened and the contents thereof may be examined only by members of the Board in executive session. If, upon such examination, the Board determines that further consideration by the Board is warranted and within the jurisdiction of the Board, it may make the contents of any such envelope available for any use by any member of the Board, or the Director or General Counsel of the Board which is required for the discharge of his official duties. The Board may receive the papers<sidenote><p class="firstIndent1 fontsize8">Hearing opportunity.</p></sidenote> as evidence, after giving to the individual concerned due notice and<page identifier="/us/stat/88/469">88 <inline class="smallCaps">Stat</inline>. 469</page> opportunity for hearing in a closed session. The Board shall publicly disclose not later than the first day of June each year the names of the candidates, officers, and employees who have filed a report. Any paper which has been filed with the Board for longer than seven years, in accordance with the provisions of this section, shall be returned to the individual concerned or his legal representative. In the event of the death or termination of the service of the Mayor or Chairman or member of the Council of the District of Columbia or Chairman or member of the Board of Education, or officer or employee of the District of Columbia, such papers shall be returned unopened to such individual, or to the surviving spouse or legal representative of such individual within one year of such date or termination of service.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Reports required by this section (other than reports so required <sidenote><p class="firstIndent1 fontsize8">Filing deadline.</p></sidenote> by candidates) shall be filed not later than sixty days following the enactment of this Act, and not later than May 15 of each succeeding year. In the case of any person who ceases, prior to such date in any year, to occupy the office or position the occupancy of which imposes upon him the reporting requirements contained in subsection (a) shall file such report on the last day he occupies such office or position, or on such later date, not more than three months after such last day, as the Board may prescribe.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="e">(e) </num> <content class="inline">Reports required by this section shall be in such form and detail<sidenote><p class="firstIndent1 fontsize8">Form.</p></sidenote> as the Board may prescribe. The Board may provide for the grouping of items of income, sources of income, asset, liabilities, dealings in securities or commodities, and purchases and sales of real property, when separate itemization is not feasible or is not necessary for an accurate disclosure of the income, net worth, dealing in securities and commodities or purchases, and sales of rental property of any individual.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="f">(f) </num> <content class="inline">All public reports filed under this section shall be maintained <sidenote><p class="firstIndent1 fontsize8">Public reports, availability for inspection.</p></sidenote> by the Board as public records which, under such reasonable regulations as it shall prescribe, shall be available for inspection by members of the public.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="g">(g) </num> <content class="inline">For the purposes of any report required by this section, any individual shall be considered to have been Mayor, Chairman, or member of the Council of the District of Columbia, or Chairman or member of the Board of Education, or officer or employee of the District of Columbia during any calendar year if such individual served in any such position for more than six months during such calendar year.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="h">(h) </num> <chapeau class="inline">For purposes of this section, the term—<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">“income” means gross income as defined in section 61 of the Internal Revenue Code of 1954; <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s61">26 USC 61</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“security” means security as defined in section 2 of the Securities Act of 1933, as amended (15 U.S.C. 77b);</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">“commodity” means commodity as defined in section 2 of the Commodities Exchange Act, as amended (7 U.S.C. 2 );</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="4">(4) </num> <content class="inline">“transactions in securities or commodities” means any acquisition, holding, withholding, use, transfer, or other disposition involving any security or commodity;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="5">(5) </num> <content class="inline">“immediate family” means the child, parent, grandparent, brother, or sister of an individual, and the spouse of such person; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="6">(6) </num> <content class="inline">“tax” means the taxes imposed under chapter 1 of the Internal Revenue Code of 1954, under the District of Columbia <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref>.</p></sidenote> Revenue Act of 1947, and under the District of Columbia Public Works Act of 1954 and any other provision of law relating to the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 47–1551 note.</p><p class="firstIndent1 fontsize8">D.C. Code 43–1601 note.</p></sidenote> taxation of property within the District of Columbia.</content> </paragraph> </subsection> </section> </section> 88 Stat. 470 <num value="VII">TITLE VII—</num> <heading class="inline">PENALTIES AND ENFORCEMENT TAX CREDITS, USE OF SURPLUS CAMPAIGN FUNDS, VOTERS’ INFORMATION PAMPHLETS, STUDY OF 1974 ELECTION AND REPORT BY COUNCIL, EFFECTIVE DATES, AMENDMENTS TO DISTRICT OF COLUMBIA ELECTION ACT, AND AUTHORIZATION</heading> <section> <heading class="smallCaps centered">penalties and enforcement</heading> <section class="firstIndent1 fontsize10"> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Except as provided in subsection (b) , any person or<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1191.</p></sidenote> political committee who violates any of the provisions of this Act shall be fined not more than $5,000, or shall be imprisoned for not longer than six months, or both.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Any person who knowingly files any false or misleading statement, <sidenote><p class="firstIndent1 fontsize8">False statements.</p></sidenote> report, voucher, or other paper, or makes any false or misleading statement to the Board, shall be fined not more than $10,000, or shall be imprisoned for not longer than five years, or both.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The penalties provided in this section shall not apply to any person or political committee who, before the date of enactment of this Act during calendar year 1974, makes political contributions or receives political contributions or makes any political campaign expenditures, in excess of any limitation placed on such contributions or expenditures by this Act, except such person or political committee shall not make any further such contributions or expenditures during the remainder of calendar year 1974.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="d">(d) </num> <content class="inline">Prosecutions of violations of this Act shall be brought by the<sidenote><p class="firstIndent1 fontsize8">Prosecution.</p></sidenote> United States Attorney for the District of Columbia in the name of the United States.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">tax credit for campaign contributions</heading> <section class="firstIndent1 fontsize10"> <num value="702"><inline class="smallCaps">Sec</inline>. 702. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Title VI of article I of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, secs. 47–1567—47–1567e) is amended by adding at the end of that title the following: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="7">“<inline class="smallCaps">Sec</inline>. 7. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Credit for Campaign Contributions.—For the purpose<sidenote><p class="firstIndent1 fontsize8">D.C. Code 47–1567f.</p></sidenote> of encouraging residents of the District to participate in the election process in the District, there shall be allowed to an individual a credit against the tax (if any) imposed by this article in an amount equal to 50 per centum of any campaign contribution made to any candidate for election to any office referred to in the first section of the District of Columbia Election Act, but in no event shall such credit exceed the<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1101.</p></sidenote> amount of $12.50, or $25 in the case of married persons filing a joint return.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">A husband and wife filing separate returns for a taxable year for which a joint return could have been made by them may claim between them only the total credit (or refund) to which they would have been enticed under this section had a joint return been filed.</content> </paragraph> <paragraph class="indent0 firstIndent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No individual for whom a personal exemption was allowed on another individual’s return shall be entitled to a credit (or refund) under this section.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The table of contents of such article is amended by adding at the end of the part of such table relating to title VI the following: <quotedContent> <toc> <referenceItem role="section"><designator>“Sec. 7. </designator><label>Credit for campaign contributions.”.</label> </referenceItem> </toc> </quotedContent> </content> </subsection> </section> </section> <section> <heading class="smallCaps centered">use of surplus campaign funds</heading> <section class="firstIndent1 fontsize10"> <num value="703"><inline class="smallCaps">Sec</inline>. 703. </num> <chapeau class="inline">Within the limitations specified in this Act, any surplus,<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1192.</p></sidenote> residual, or unexpended campaign funds received by or on behalf of an individual who seeks nomination for election, or election to office shall be contributed to a political party for political purposes, used to<page identifier="/us/stat/88/471">88 <inline class="smallCaps">Stat</inline>. 471</page> retire the proper debts of his political committee which received such funds, or returned to the donors as follows:</chapeau> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="1">(1) </num> <content class="inline">in the case of an individual defeated in an election, within six months following such election;</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="2">(2) </num> <content class="inline">in the case of an individual elected to office, within six months following such election; and</content> </paragraph> <paragraph class="indent1 firstIndent1 fontsize10"> <num value="3">(3) </num> <content class="inline">in the case of an individual ceasing to be a candidate, within six months thereafter.</content> </paragraph> </section> </section> <section> <heading class="smallCaps centered">a study of 1974 election and report by council</heading> <section class="firstIndent1 fontsize10"> <num value="704"><inline class="smallCaps">Sec</inline>. 704. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Council of the District of Columbia shall, during <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121 note.</p></sidenote> calendar year 1975, conduct public hearings and other appropriate investigations on (1) the operation and effect of the District of Columbia Campaign Finance Reform Act and the District of Columbia <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 446.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1101 note.</p></sidenote> Election Act on the elections held in the District of Columbia during 1974; and (2) the necessity and desirability of modifying either or both of those Acts so as to improve electoral machinery and to insure open fair, and effective election campaigns in the District of Columbia.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Upon the conclusion of its hearings and investigations the Council shall issue a public report on its findings and recommendations. Nothing in this section shall be construed as limiting the legislative authority over elections in the District of Columbia vested in the Council by the District of Columbia Self-Government and Governmental Reorganization Act. <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–121 note.</p></sidenote></content> </subsection> </section> </section> <section> <heading class="smallCaps centered">effective dates</heading> <section class="firstIndent1 fontsize10"> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Titles II and IV of this Act shall take effect on the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121 note.</p></sidenote> date of enactment of this Act, except the first report or statement required to be filed by any individual or political committee under the provisions of such titles shall include that information required under section 13(e) of the District of Columbia Election Act (D.C. Code, sec. 1–1113 (e)) with respect to contributions and expenditures made <sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote> before the date of enactment of this Act, but after January 1, 1974.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">Titles I, III, VI and VII of this Act shall take effect on the date of enactment of this Act.</content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">Title V of this Act shall take effect January 2, 1975.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">amendments to district of columbia election act</heading> <section class="firstIndent1 fontsize10"> <num value="706"><inline class="smallCaps">Sec</inline>. 706. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 13 of the District of Columbia Election Act (D.C. Code, sec. 1–1113) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization</heading> <section class="firstIndent1 fontsize10"> <num value="13">“<inline class="smallCaps">Sec</inline>. 13. </num> <content class="inline">There are hereby authorized to be appropriated, out of any money in the Treasury to the credit of the District of Columbia not otherwise appropriated, such sums as are necessary to carry out the purposes of this Act.”.</content> </section> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="b">(b) </num> <content class="inline">The first sentence of subsection (b) of section 4 of such Act <sidenote><p class="firstIndent1 fontsize8">Compensation.</p></sidenote> (D.C. Code, sec. 1–1104) is amended to read as follows: <quotedContent> <subsection class="firstIndent1 fontsize10"> <num value="b">“(b) </num> <content class="inline">Each member of the Board shall be paid compensation at the rate of $100 for each eight hour period with a limit of $12,500 per annum, while performing duties under this Act, except during 1974 such compensation shall be paid without regard to such annual limitation.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1 fontsize10"> <num value="c">(c) </num> <content class="inline">The amendment made by subsection (a) shall not affect the <sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1113 note.</p></sidenote> liability of any person arising out of any violation of section 13 of the <page identifier="/us/stat/88/472">88 <inline class="smallCaps">Stat</inline>. 472</page> District of Columbia Election Act committed before the date of enactment <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> of this title, and any action commenced with respect to such a violation shall not abate.</content> </subsection> </section> </section> <section> <heading class="smallCaps centered">authority of council</heading> <section class="firstIndent1 fontsize10"> <num value="707"><inline class="smallCaps">Sec</inline>. 707. </num> <content class="inline">Notwithstanding any other provision of law, or any rule<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1193.</p></sidenote> of law, nothing in this Act shall be construed as limiting the authority of the District of Columbia Council to enact any act or resolution, after January 2, 1975, pursuant to the District of Columbia Self-Government and Governmental Reorganization Act with respect to any<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–121 note.</p></sidenote> matter covered by this Act.</content> </section> </section> <section> <heading class="smallCaps centered">authorization of appropriation</heading> <section class="firstIndent1 fontsize10"> <num value="708"><inline class="smallCaps">Sec</inline>. 708. </num> <content class="inline">Amounts authorized under section 722 of the District of<sidenote><p class="firstIndent1 fontsize8">D.C. Code 1–1121 note.</p><p class="firstIndent1 fontsize8">D.C. Code 1–1113 note, 47–2501 note.</p></sidenote> Columbia Self-Government and Governmental Reorganization Act may be used to carry out the purposes of this Act.</content> </section> </section> Approved August 14, 1974.
Public Law 93–377: To amend the Atomic Energy Act of 1954, as amended, and the Atomic Weapons Rewards Act of 1955, and for other purposes. Public Law 377 88 Stat. 472 1974-08-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–377
An Act To amend the Atomic Energy Act of 1954, as amended, and the Atomic Weapons Rewards Act of 1955, and for other purposes.

August 17, 1974

[S. 3669]

 Be it enacted by the Senate and Home of Representatives of the United States of America in Congress assembled,
That the Atomic

Atomic Energy Act of 1954, Atomic Weapons Rewards Act of 1955, amendments.

50 USC 47a note.

 Weapons Rewards Act of 1955 is amended as follows: (a) The initial section of the Act is amended by striking out the words “Atomic Weapons Rewards Act of 1955” and by substituting in lieu thereof “Atomic Weapons and Special Nuclear Materials Rewards

50 USC 47a note.

 Act.” (b) Sections 2, 3, and 5 of the Act are amended to read as follows:

50 USC 47a, 47b, 47d.
“Sec. 2. Any person who furnishes original information to the United States— “(a) leading to the finding or other acquisition by the United States of special nuclear material or an atomic weapon which has been introduced into the United States or manufactured or acquired therein contrary to the laws of the United States, or “(b) with respect to the introduction or attempted introduction into the United States or the manufacture or acquisition or attempted manufacture or acquisition of, or a conspiracy to introduce into the United States or to manufacture or acquire, special nuclear material or an atomic weapon contrary to the laws of the United States, or “(c)

with respect to the export or attempted export, or a conspiracy to export, special nuclear material or an atomic weapon

88 Stat. 473

from the United States contrary to the laws of the United States, shall be rewarded by the payment of an amount not to exceed $500,000.
“Sec. 3. The Attorney General shall determine whether a person

Reward.

 furnishing information to the United States is entitled to a reward and the amount to be paid pursuant to section 2. Before making a reward under this section the Attorney General shall advise and consult with the Atomic Energy Commission. A reward of $50,000 or

Presidential approval.

 more may not be made without the approval of the President.”.
“Sec. 5. (a) The Attorney General is authorized to hold such hearings

Hearings, rules and regulations.

 and make, promulgate, issue, rescind, and amend such rules and regulations as may be necessary to carry out the purposes of this Act. “(b) A determination made by the Attorney General under section 3 of this Act shall be final and conclusive and no court shall have power or jurisdiction to review it.”.

50 USC 47e.
(c) Section 6 of the Act is amended by deleting the words “Awards Board” and by substituting in lieu thereof the words “Attorney General”.

42 USC 2074.
Sec. 2. Section 54 of the Atomic Energy Act of 1954, as amended, is amended to read as follows:
“Sec. 54. Foreign Distribution of Special Nuclear Material.— a. The Commission is authorized to cooperate with any nation or group of nations by distributing special nuclear material and to distribute such special nuclear material, pursuant to the terms of an agreement for cooperation to which such nation or group of nations is a party and which is made in accordance with section 123. Unless hereafter otherwise

42 USC 2153.

 authorized by law the Commission shall be compensated for special nuclear material so distributed at not less than the Commission’s published charges applicable to the domestic distribution of such material, except that the Commission to assist and encourage research on peaceful uses or for medical therapy may so distribute without charge during any calendar year only a quantity of such material which at the time of transfer does not exceed in value $10,000 in the case of one nation or $50,000 in the case of any group of nations. The Commission may distribute to the International Atomic Energy Agency, or to any group of nations, only such amounts of special nuclear materials and for such period of time as are authorized by Congress: Provided, however, That, (i) notwithstanding this provision, the Commission is hereby authorized, subject to the provisions of section 123, to distribute to the Agency five thousand kilograms of

42 USC 2153.

 contained uranium-235, five hundred grams of uranium-233, and three kilograms of plutonium, together with the amounts of special nuclear material which will match in amount the sum of all quantities of special nuclear materials made available by all other members of the Agency to June 1, 1960; and (ii) notwithstanding the foregoing provisions of this subsection, the Commission may distribute to the International Atomic Energy Agency, or to any group of nations, such other amounts of special nuclear materials and for such other periods of time as are established in writing by the Commission: Provided, 88 Stat. 474 however, That before they are established by the Commission pursuant

Nuclear materials, proposed amounts and periods, submittal to Congress.

 to this subdivision (ii) , such proposed amounts and periods shall be submitted to the Congress and referred to the Joint Committee and a period of sixty days shall elapse while Congress is in session (in computing such sixty days, there shall be excluded the days on which either House is not in session because of an adjournment of more than three days): And provided further, That any such proposed amounts and periods shall not become effective if during such sixty-day period the Congress passes a concurrent resolution stating in substance that it does not favor the proposed action: And provided further, That

Report to Congress.

 prior to the elapse of the first thirty days of any such sixty-day period the Joint Committee shall submit a report to the Congress of its views and recommendations respecting the proposed amounts and periods and an accompanying proposed concurrent resolution stating in substance that the Congress favors, or does not favor, as the case may be, the proposed amounts or periods. The Commission may agree to

Special materials, repurchase.

 repurchase any special nuclear material distributed under a sale arrangement pursuant to this subsection which is not consumed in the course of the activities conducted in accordance with the agreement for cooperation, or any uranium remaining after irradiation of such special nuclear material, at a repurchase price not to exceed the Commission’s sale price for comparable special nuclear material or uranium in effect at the time of delivery of such material to the Commission. The Commission may also agree to purchase, consistent with and within the period of the agreement for cooperation, special nuclear material produced in a nuclear reactor located outside the United States through the use of special nuclear material which was leased or sold pursuant to this subsection. Under any such agreement the Commission shall purchase only such material as is delivered to the Commission during any period when there is in effect a guaranteed purchase price for the same material produced in a nuclear reactor by a person licensed under section 104, established by the Commission

42 USC 2134.

 pursuant to section 56, and the price to be paid shall be the price so established by the Commission and in effect for the same material

42 USC 2076.

 delivered to the Commission. “b. Notwithstanding the provisions of sections 123, 124, and 125,

Infra.

 the Commission is authorized to distribute to any person outside the United States (1) plutonium containing 80 per centum or more by weight of plutonium-238, and (2) other special nuclear material when it has, in accordance with subsection 57 d., exempted certain classes

Infra.

 or quantities of such other special nuclear material or kinds of uses or users thereof from the requirements for a license set forth in this chapter. Unless hereafter otherwise authorized by law, the Commission shall be compensated for special nuclear material so distributed at not less than the Commission’s published charges applicable to the domestic distribution of such material. The Commission shall not distribute any plutonium containing 80 per centum or more by weight of plutonium-238 to any person under this subsection if, in its opinion, such distribution would be inimical to the common defense and security. The Commission may require such reports regarding the use of88 Stat. 475 material distributed pursuant to the provisions of this subsection as it deems necessary. “c. The Commission is authorized to license or otherwise permit others to distribute special nuclear material to any person outside the United States under the same conditions, except as to charges, as would be applicable if the material were distributed by the Commission.”.
Sec. 3. Section 57 of the Atomic Energy Act of 1954, as amended,

Nuclear materials, classes, license exemptions.

42 USC 2077.

 is amended by adding at the end thereof the following new subsection: “d. The Commission is authorized to establish classes of special nuclear material and to exempt certain classes or quantities of special nuclear material or kinds of uses or users from the requirements for a license set forth in this section when it makes a finding that the exemption of such classes or quantities of special nuclear material or such kinds of uses or users would not be inimical to the common defense and security and would not constitute an unreasonable risk to the health and safety of the public”.
Sec. 4. Section 81 of the Atomic Energy Act of 1954, as amended, is

42 USC 2111.

 amended by deleting the word “licensees” and inserting in lieu thereof the words “qualified applicants” in the third sentence of such section and by deleting the fifth sentence of such section.
Sec. 5. Sections 123, 124, and 125 of the Atomic Energy Act of 1954,

42 USC 2153 and note, 2154.

 as amended, are amended by substituting the term “54 a.” for the term “54.”.
Sec. 6. Subsection 153 h. of the Atomic Energy Act of 1954, as

42 USC 2183.

 amended, is amended by striking the figure “1974” and substituting therefor the figure “1979”.
Sec. 7. Subsection 161 i. of the Atomic Energy Act of 1954, as

Regulations.

42 USC 2201.

 amended, is amended to read as follows: “i. prescribe such regulations or orders as it may deem necessary (1) to protect Restricted Data received by any person in connection with any activity authorized pursuant to this Act, (2) to guard against the loss or diversion of any special nuclear material acquired by any person pursuant to section 53 or produced by any

42 USC 2073.

 person in connection with any activity authorized pursuant to this Act, to prevent any use or disposition thereof which the Commission may determine to be inimical to the common defense and security, including regulations or orders designating activities, involving quantities of special nuclear material which in the opinion of the Commission are important to the common defense and security, that may be conducted only by persons whose character, associations, and loyalty shall have been investigated under standards and specifications established by the Commission and as to whom the Commission shall have determined that permitting each such person to conduct the activity will not be inimical to the common defense and security, and (3) to govern any activity authorized pursuant to this Act, including standards and restrictions governing the design, location, and operation of facilities used in the conduct of such activity, in order to protect health and to minimize danger to life or property;”.
Approved August 17, 1974.
Public Law 93–378: To provide for the Forest Service, Department of Agriculture, to protect, develop, and enhance the productivity and other values of certain of the Nation’s lands and resources, and for other purposes. Public Law 378 88 Stat. 476 1974-08-17 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public 88 Stat. 476 Public Law 93–378
An Act To provide for the Forest Service, Department of Agriculture, to protect, develop, and enhance the productivity and other values of certain of the Nation’s lands and resources, and for other purposes.

August 17, 1974

[S. 2296]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Forest and Rangeland Renewable Resources Planning Act of 1974.

16 USC 1601 note.

16 USC 1601.

 be cited as the “Forest and Rangeland Renewable Resources Planning Act of 1974”.
SEC. 2. Renewable Resource Assessment.— (a) In recognition of the vital importance of America’s renewable resources of the forest, range, and other associated lands to the Nation’s social and economic well-being, and of the necessity for a long term perspective in planning and undertaking related national renewable resource programs administered by the Forest Service, the Secretary of Agriculture shall prepare a Renewable Resource Assessment (hereinafter called the “Assessment”). The Assessment shall be prepared not later than

Contents.

 December 31, 1975, and shall be updated during 1979 and each tenth year thereafter, and shall include but not be limited to— (1) an analysis of present and anticipated uses, demand for, and supply of the renewable resources, with consideration of the international resource situation, and an emphasis of pertinent supply and demand and price relationship trends; (2) an inventory, based on information developed by the Forest Service and other Federal agencies, of present and potential renewable resources, and an evaluation of opportunities for improving their yield of tangible and intangible goods and services, together with estimates of investment costs and direct and indirect returns to the Federal Government; (3) a description of Forest Service programs and responsibilities in research, cooperative programs and management of the National Forest System, their interrelationships, and the relationship of these programs and responsibilities to public and private activities; and (4) a discussion of important policy considerations, laws, regulations, and other factors expected to influence and affect significantly the use, ownership, and management of forest, range, and other associated lands. (b) To assure the availability of adequate data and scientific information

Survey and analysis.

 needed for development of the Assessment, section 9 of the McSweeney-McNary Act of May 22, 1928 (45 Stat. 702, as amended, 16 U.S.C. 581h), is hereby amended to read as follows:

“The Secretary of Agriculture is hereby authorized and directed to make and keep current a comprehensive survey and analysis of the present and prospective conditions of and requirements for the renewable resources of the forest and range lands of the United States, its territories and possessions, and of the supplies of such renewable resources, including a determination of the present and potential productivity of the land, and of such other facts as may be necessary and useful in the determination of ways and means needed to balance the demand for and supply of these renewable resources, benefits and uses in meeting the needs of the people of the United States. The Secretary

Cooperation with State and U.S. territorial officials.

shall carry out the survey and analysis under such plans as he may determine to be fair and equitable, and cooperate with appropriate officials of each State, territory, or possession of the United States, and88 Stat. 477 either through them or directly with private or other agencies. There

Appropriation.

 is authorized to be appropriated not to exceed $20,000,000 in any fiscal year to carry out the purposes of this section.”
Sec. 3. Renewable Resource Program.— In order to provide for periodic review of programs for management and administration of the National Forest System, for research, for cooperative State and

16 USC 1602.

 private Forest Service programs, and for conduct of other Forest Service activities in relation to the findings of the Assessment, the Secretary of Agriculture, utilizing information available to the Forest Service and other agencies within the Department of Agriculture, including data prepared pursuant to section 302 of the Rural Development Act of 1972, shall prepare and transmit to the President a recommended

7 USC 1010a.

 Renewable Resource Program (hereinafter called the “Program”). The Program transmitted to the President may include alternatives, and shall provide in appropriate detail for protection, management, and development of the National Forest System, including forest development roads and trails; for cooperative Forest Service programs; and for research. The Program shall be developed in accordance with principles set forth in the Multiple-Use Sustained-Yield Act of June 12, 1960 (74 Stat. 215; 16 U.S.C. 528–531), and the National Environmental Policy Act of 1969 (83 Stat. 852; 42 U.S.C. 4321–4347). The Program shall be prepared not later than December 31, 1975, to cover the four-year period beginning October 1, 1976, and at least each of the four fiscal decades next following such period, and shall be updated no later than during the first half of the fiscal year ending September 30, 1980, and the first half of each fifth fiscal year thereafter to cover at least each of the four fiscal decades beginning next after such updating. The Program shall include, but not be

contents.

 limited to— (1) an inventory of specific needs and opportunities for both public and private program investments. The inventory shall differentiate between activities which are of a capital nature and those which are of an operational nature; (2) specific identification of Program outputs, results anticipated, and benefits associated with investments in such a manner that the anticipated costs can be directly compared with the total related benefits and direct and indirect returns to the Federal Government; (3) a discussion of priorities for accomplishment of inventoried Program opportunities, with specified costs, outputs, results, and benefits; and (4) a detailed study of personnel requirements as needed to satisfy existing and ongoing programs.
Sec. 4. National Forest System Resource Inventories.— As a part

16 USC 1603.

 of the Assessment, the Secretary of Agriculture shall develop and maintain on a continuing basis a comprehensive and appropriately detailed inventory of all National Forest System lands and renewable resources. This inventory shall be kept current so as to reflect changes in conditions and identify new and emerging resources and values.
Sec. 5. National Forest System Resource Planning.— (a) As a

16 USC 1604.

 part of the Program provided for by section 3 of this Act, the Secretary of Agriculture shall develop, maintain, and, as appropriate, revise land and resource management plans for units of the National Forest System, coordinated with the land and resource management planning processes of State and local governments and other Federal agencies. (b) In the development and maintenance of land management plans for use on units of the National Forest System, the Secretary shall use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences.
88 Stat. 478
Sec. 6. Cooperation in Resource Planning.— The Secretary of

16 USC 1605.

 Agriculture may utilize the Assessment, resource surveys, and Program prepared pursuant to this Act to assist States and other organizations in proposing the planning for the protection, use, and management of renewable resources on non-Federal land.
Sec. 7. National Participation.— (a) On the date Congress first

Assessment, Program, and Statement of Policy, transmittal to Speaker of the House and President of the Senate.

16 USC 1606.

 convenes in 1976 and thereafter following each updating of the Assessment and the Program, the President shall transmit to the Speaker of the House of Representatives and the President of the Senate, when Congress convenes, the Assessment as set forth in section 2 of this Act and the Program as set forth in section 3 of this Act, together with a detailed Statement of Policy intended to be used in framing budget requests by that Administration for Forest Service activities for the five- or ten-year program period beginning during the term of such Congress for such further action deemed appropriate by the Congress. Following the transmission of such Assessment, Program, and Statement of Policy, the President shall, subject to other actions of the Congress, carry out programs already established by law in accordance with such Statement of Policy or any subsequent amendment or modification thereof approved by the Congress, unless, before the end of the first period of sixty calendar days of continuous session of Congress after the date on which the President of the Senate and the Speaker of the House are recipients of the transmission of such Assessment, Program, and Statement of Policy, either House adopts a resolution reported by the appropriate committee of jurisdiction disapproving the Statement of Policy. For the purpose of this subsection, the continuity

Congressional session, continuity.

 of a session shall be deemed to be broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain shall be excluded in the computation of the sixty-day period. Notwithstanding any other provision of this Act, Congress may revise or modify the Statement of Policy transmitted by the President, and the revised or modified Statement of Policy shall be used in framing budget requests. (b) Commencing with the fiscal budget for the year ending September 30, 1977, requests presented by the President to the Congress governing Forest Service activities shall express in qualitative and quantitative terms the extent to which the programs and policies projected under the budget meet the policies approved by the Congress in accordance with subsection (a) of this section. In any case in which such budget so presented recommends a course which fails to meet the policies so established, the President shall specifically set forth the reason or reasons for requesting the Congress to approve the lesser programs or policies presented. Amounts appropriated to carry out the policies approved in accordance with subsection (a) of this section shall be expended in accordance with the Congressional Budget and Impoundment Control Act of 1974, Public Law 93–344.

Ante, p. 297.

 (c) For the purpose of providing information that will aid Congress in its oversight responsibilities and improve the accountability

Annual report to Congress.

 of agency expenditures and activities, the Secretary of Agriculture shall prepare an annual report which evaluates the component elements of the Program required to be prepared by section 3 of this Act which shall be furnished to the Congress at the time of submission of the annual fiscal budget commencing with the third fiscal year after the enactment of this Act. 88 Stat. 479 (d) These annual evaluation reports shall set forth progress in implementing the Program required to be prepared by section 3 of this Act, together with accomplishments of the Program as they relate to the objectives of the Assessment. Objectives should be set forth in qualitative and quantitative terms and accomplishments should be reported accordingly. The report shall contain appropriate measurements of pertinent costs and benefits. The evaluation shall assess the balance between economic factors and environmental quality factors. Program benefits shall include, but not be limited to, environmental quality factors such as esthetics, public access, wildlife habitat, recreational and wilderness use, and economic factors such as the excess of cost savings over the value of foregone benefits and the rate of return on renewable resources. (e) The reports shall indicate plans for implementing corrective action and recommendations for new legislation where warranted. (f) The reports shall be structured for Congress in concise summary form with necessary detailed data in appendices.
Sec. 8. National Forest System Program Elements.— The Secretary

Development and administration.

16 USC 1607.

 of Agriculture shall take such action as will assure that the development and administration of the renewable resources of the National Forest System are in full accord with the concepts for multiple use and sustained yield of products and services as set forth in the Multiple-Use Sustained-Yield Act of 1960. To further these concepts, the Congress hereby sets the year 2000 as the target year when the renewable resources of the National Forest System shall be in an operating posture whereby all backlogs of needed treatment for their restoration shall be reduced to a current basis and the major portion of planned intensive multiple-use sustained-yield management procedures shall be installed and operating on an environmentally-sound basis. The annual budget shall contain requests for funds for an orderly program to eliminate such backlogs: Provided, That when the Secretary finds that (1) the backlog of areas that will benefit by such treatment has been eliminated, (2) the cost of treating the remainder of such area exceeds the economic and environmental benefits to be secured from their treatment, or (3) the total supplies of the renewable resources of the United States are adequate to meet the future needs of the American people, the budget request for these elements of restoration may be adjusted accordingly.
Sec. 9. Transportation System.— The Congress declares that the

16 USC 1608.

 installation of a proper system of transportation to service the National Forest System, as is provided for in Public Law 88–657, the Act of October 13, 1964 (16 U.S.C. 532–538), shall be carried forward in time to meet anticipated needs on an economical and environmentally sound basis, and the method chosen for financing the construction and maintenance of the transportation system should be such as to enhance local, regional, and national benefits, except that the financing of forest development roads as authorized by clause (2) of section 4 of the Act of October 13, 1964, shall be deemed “budget authority” and “budget outlays” as those terms are defined in section 3(a) of the Congressional Budget and Impoundment Control Act of 1974 and shall be effective for any fiscal year only in the manner

Ante, p. 299.

 required for new spending authority as specified by section 401(a) of that Act.

Ante, p. 317.
88 Stat. 480
Sec. 10. (a) National Forest System Defined.— Congress declares

16 USC 1609.

 that the National Forest System consists of units of federally owned forest, range, and related lands throughout the United States and its territories, united into a nationally significant system dedicated to the long-term benefit for present and future generations, and that it is the purpose of this section to include all such areas into one integral system. The “National Forest System” shall include all national forest lands reserved or withdrawn from the public domain of the United States, all national forest lands acquired through purchase, exchange, donation, or other means, the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act (50 Stat. 525, 7 U.S.C. 1010–1012), and other lands, waters, or interests therein which are administered by the Forest Service or are designated for administration through the Forest Service as a part of the system. (b) The on-the-ground field offices, field supervisory offices, and

Forest Service field offices.

 regional offices of the Forest Service shall be so situated as to provide the optimum level of convenient, useful services to the public, giving priority to the maintenance and location of facilities in rural areas and towns near the national forest and Forest Service program locations

42 USC 3122.

 in accordance with the standards in section 901(b) of the Act of November 30, 1970 (84 Stat. 1383), as amended.
Sec. 11. Renewable Resources.— In carrying out this Act, the

Information and data, utilization.

16 USC 1610.

 Secretary of Agriculture shall utilize information and data available from other Federal, State, and private organizations and shall avoid duplication and overlap of resource assessment and program planning efforts of other Federal agencies. The term “renewable resources” shall be construed to involve those matters within the scope of responsibilities and authorities of the Forest Service on the date of this Act.
Approved August 17, 1974.
Public Law 93–379: To create a Law Revision Commission for the District of Columbia, and to establish a municipal code for the District of Columbia. Public Law 379 88 Stat. 480 1974-08-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 88 public Public Law 93–379
An Act To create a Law Revision Commission for the District of Columbia, and to establish a municipal code for the District of Columbia.

August 21, 1974

[H.R. 12832]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

The District of Columbia Law Revision commission Act.

D. C. Code 49–401 note.

District of Columbia Law Revision Commission.

 be cited as “the District of Columbia Law Revision Commission Act”.
Sec. 2. (a) There is established in the District of Columbia a District of Columbia Law Revision Commission (hereafter in this Act referred to as the “Commission”) which shall consist of fifteen members appointed as follows: (1) Two members shall be appointed by the President of the United States. (2) One member shall be appointed by the Speaker of the House

Establishment.

D. C. Code 49–401.

Membership.

 of Representatives. (3) One member shall be appointed by the President pro tempore of the Senate. (4) One member shall be appointed by the minority leader of the House of Representatives. 88 Stat. 481 (5) One member shall be appointed by the minority leader of the Senate. (6) Three members shall be appointed by the Commissioner of the District of Columbia, one of whom shall be a nonlawyer. and one of whom shall be a member of the law faculty of a law school in the District of Columbia. (7) One member shall be appointed by the Chairman of the District of Columbia Council. (8) Two members shall be appointed by the Joint Committee on Judicial Administration in the District of Columbia. (9) One member shall be appointed by the District of Columbia Corporation Counsel. (10) Two members shall be appointed by the Board of Governors of the District of Columbia unified bar. (b) No person may be appointed as a member of the Commission

Citizenship requirement.

 unless he is a citizen of the United States. At least eight persons appointed to the Commission shall be bona fide residents of the District of Columbia who have maintained an actual place of abode in the District of Columbia for at least the ninety days immediately prior to their appointments as such members. The remaining persons appointed as members of the Commission shall be residents of the National Capital Region, as defined in the Act of June 6, 1924 (D.C. Code, sec. 1–1001 et seq.) (establishing the National Capital Planning

40 USC 71.

 Commission), who have maintained an actual place of abode in the National Capital Region for at least ninety days immediately prior to their appointments as such members. (c) Members of the Commission shall serve for four-year terms and

Term.

 may be reappointed. (d) The Chairman of the Commission shall be selected by the members of the Commission from among their number. (e) Each appointment of members of the Commission shall be made.

Non-partisan appointment.

 without regard to political party affiliation, on the basis of the ability of that person to perform his duties with the Commission. (f) Appointments made to fill vacancies on the Commission shall be made in the same manner, and on the same basis, as original appointments to the Commission are made. A member appointed to fill a vacancy shall serve until the expiration of the term of the member whose vacancy he was appointed to fill. (g) Members and the Chairman of the Commission shall be entitled

Compensation.

 to receive $100 for each day (including traveltime) during which they are engaged in the actual performance of duties vested in the Commission, except no member or Chairman shall receive more than $5,000 for the performance of such duties during any twelve-month period. (h) While away from their homes or regular places of business in

Travel expenses.

 the performance of the duties of the Commission, members, including the Chairman, of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. 88 Stat. 482 (i) The Commission may appoint and fix the compensation of such

Personnel.

 personnel as it deems advisable. Such personnel shall be appointed subject to the provisions of title 5 of the United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter II of chapter 53 of such title relating to classification and General Schedule

5 USC 5101, 5311.

 pay rates. Persons appointed to the staff of the Commission shall be so appointed solely on the basis of their ability to perform the duties of the Commission without regard to political party affiliation. Employees of the Commission shall be regarded as employees of the District of Columbia government. (j) The Commission, acting through its Chairman, may request from

Information, availability.

 any department, agency, or instrumentality of the executive branch of the Federal and District governments, including independent agencies, any information for carrying out the purposes of this Act; and each department, agency, instrumentality, and independent agency is authorized and directed, to the extent permitted by law, to furnish to the Commission the requested information. (k) The Commission may enter into contracts with Federal or

Contract authority.

 State agencies, private firms, institutions, and individuals for the conduct of research or surveys, the preparation of reports, and other activities necessary to the discharge of its duties. (l) The Commission may establish such advisory groups, committees, and subcommittees, consisting of members or nonmembers, as it deems necessary and appropriate to carry out the purposes of this Act.
Sec. 3. (a) It shall be the duty of the Commission to—

Duties.

D.C. Code 49–402.

 (1) examine the common law and statutes relating to the District of Columbia, the ordinances, regulations, resolutions, and acts of the District of Columbia Council, and all relevant judicial decisions for the purpose of discovering defects and anachronisms in the law relating to the District of Columbia and recommending needed reforms; (2) receive and consider proposed changes in the law recommended by the American Law Institute, the Conference of Commissioners on Uniform State Laws, any bar association or other learned bodies; (3) receive and consider suggestions from judges, justices, public officials, lawyers, and the public generally as to defects and anachronisms in the law relating to the District of Columbia; and (4) recommend, from time to time, to the Congress, and where appropriate to the Commissioner of the District of Columbia and to the District of Columbia Council, such changes in the law relating to the District of Columbia as it deems necessary to modify or eliminate antiquated and inequitable rules of law, and to bring the law relating to the District of Columbia, both civil and criminal, into harmony with modern conditions. In carrying out its duties under this Act, the Commission shall give special consideration to the examination of the common law and statutes relating to the criminal law in the District of Columbia, and all88 Stat. 483 relevant judicial decisions, for the purpose of discovering defects and anachronisms in the law relating to the criminal law in the District of Columbia and recommending needed reforms. (b) In addition to those duties of the Commission specified in subsection (a), the Commission shall prepare and recommend proposed uniform rules of practice, including rules relating to the conduct of hearings, for administrative agencies of the District of Columbia, including both independent and subordinate agencies, which conduct on-the-record hearings. The Commission shall also make a study of the District of Columbia Administrative Procedure Act for the purpose of preparing a manual, including relevant legislative

D.C. Code 1–1501 note.

 history and legal precedents, for the guidance of the respective administrative agencies.
Sec. 4. (a) The Commission shall make an annual report of its

Report to President, Congress, Commissioner of the District of Columbia, and District of Columbia Council.

D.C. Code 49–403.

 proceedings to the President, to the Congress, to the Commissioner of the District of Columbia, and to the District of Columbia Council by March 31 of each year. All reports of the Commission to the Congress, including reports made under section 3 (a) (4), shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate, and where appropriate, include drafts of proposed bills to carry out any of its recommendations. (b) Upon the filing of the Commission’s annual report at the end

Termination date.

 of the fourth full calendar year after the date that funds are first appropriated to the Commission, the Commission shall cease to exist, unless extended by Congress.
Sec. 5. (a) Section 7 of the District of Columbia Administrative

Municipal Code of the District of Columbia.

 Procedure Act (D.C. Code, sec. 1–1507) is amended by adding at the end thereof the following: “(d) Every regulation in the nature of a law or municipal ordinance adopted by the Council under authority specified in Reorganization Plan Numbered 3 of 1967, or under authority of any Act of Congress,

5 USC app.

 upon enactment, shall be codified and published in a Municipal Code of the District of Columbia which shall conform as closely as possible and shall be cross-indexed with the District of Columbia Code compiled by the Committee on the Judiciary of the House of Representatives. The Council shall from time to time issue such supplements or otherwise update and keep current the Municipal Code of the District of Columbia established under this subsection. The first such codification and publication of the Municipal Code of the District of Columbia shall be completed within one year after the date of enactment of this subsection.”. (b) The District of Columbia Council shall provide for public

D.C. Code 49–404.

 distribution (at cost) of the Municipal Code of the District of Columbia established by the amendment made by subsection (a).
Sec. 6. For the purpose of carrying out this Act, including the

Appropriation.

D.C. Code 49–405.

 amendment made by this Act, there are authorized to be appropriated, out of moneys in the Treasury credited to the District of Columbia and not otherwise appropriated, such amounts as may be necessary to carry out the purpose of this Act.
Approved August 21, 1974.
Public Law 93–380: To extend and amend the Elementary and Secondary Education Act of 1965, and for other purposes. Public Law380 Public Law 93–380 [88 Stat. 484] 1974-08-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 public 88 Stat. 484 Public Law 93–380
AN ACT To extend and amend the Elementary and Secondary Education Act of 1965, and for other purposes.

August 21, 1974

[H. R. 69]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Education Amendments of 1974.

20 USC 821 note.
That this Act may be cited as the “Education Amendments of 1974”. TABLE OF CONTENTS Sec. 2. TITLE I— Sec. 101. (a) (2) (3) (4) (5) (6) (7) (8) (9) (10) (b) Sec. 102. Sec. 104. Sec. 105. Sec. 106. Sec. 107. Sec. 108. Sec. 109. Sec. 110. Sec. 111. TITLE II— Sec. 201. Part A— Subpart 1— Sec. 202. Sec. 203. Subpart 2— Sec. 204. Sec. 205. Sec. 206. Subpart 3— Sec. 207. Sec. 208. Sec. 209. Sec. 210. Sec. 211. 88 Stat. 485 Subpart 4— Sec. 213. Sec. 214. Sec. 215. Sec. 216. Sec. 217. Sec. 218. Sec. 219. Subpart 5— Sec. 221. Subpart 6— Sec. 222. Sec. 223. Part B— Sec. 251. Sec. 252. Sec. 253. Sec. 254. Sec. 255. Sec. 256. Sec. 257. Sec. 258. Sec. 259. TITLE III— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. TITLE IV— Sec. 401. Sec. 402. (a) (b) (2) (3) (4) (c) (2) (3) Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. Sec. 408. Sec. 409. Sec. 410. 88 Stat. 486 TITLE V— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 500. Sec. 507. Sec. 508. Sec. 509. Sec. 510. Sec. 511. Sec. 512. Sec. 513. Sec. 514. Sec. 515. Sec. 516. Sec. 517. Sec. 518. Sec. 519. TITLE VI— Part A— Sec. 601. Sec. 602. Sec. 603. Sec. 604. Sec. 605. Sec. 606. Sec. 607. Sec. 608. Sec. 609. Part B— Sec. 611. Sec. 612. Sec. 613. Sec. 614. Sec. 615. Sec. 616. Sec. 617. Sec. 618. Sec. 619. Sec. 620. Sec. 621. Part C— Sec. 631. Sec. 632. Part D— Sec. 641. Sec. 642. Sec. 643. Sec. 644. Sec. 645. Sec. 646. 88 Stat. 487 Part E— Sec. 651. TITLE VII— Sec. 701. Part A— Sec. 705. Part B— Sec. 711. Sec. 712. Sec. 713. Sec. 714. Part C— Sec. 721. Sec. 722. Sec. 723. Part D— Sec. 731. Sec. 732. TITLE VIII— Part A— Sec. 801. Sec. 802. Sec. 803. Sec. 804. Part B— Sec. 821. Sec. 822. Sec. 823. Sec. 824. Sec. 825. Sec. 826. Part C— Sec. 831. Sec. 832. Sec. 833. Sec. 834. Sec. 835. Sec. 836. Sec. 837. Part D— Sec. 841. Sec. 842. Sec. 843. Sec. 844. Sec. 845. Sec. 846.
88 Stat. 488
general provisions Sec. 2.

Definition.

 (a) As used in this Act— (1) the term “Secretary” means the Secretary of Health, Education, and Welfare; (2) the term “Assistant Secretary” means the Assistant Secretary of Health, Education, and Welfare for Education; and (3) the term “Commissioner” means the Commissioner of Education; unless the context of such use requires another meaning. (b) Unless otherwise specified, the redesignation or a title, part, section, subsection, or other designation by any amendment in this Act shall include the redesignation of all references to such title, part, section, subsection, or other designation in any Act or regulation, however styled.

Effective dates.

20 USC 241b note.

(c) (1) Unless otherwise specified, each provision of this Act and each amendment made by this Act shall be effective on and after the sixtieth day after the enactment of this Act. (2) In any case where the effective date for an amendment made by this Act is expressly stated to be effective after June 30, 1973, or on July 1, 1973, such amendment shall be deemed to have been enacted on June 30, 1973.
<num value="I">TITLE I—</num> <heading class="inline">AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965</heading> <section> <heading class="smallCaps centered">amendments to title i of the elementary and secondary education act of 1905 special educational programs and projects for educationally deprived children</heading> <num value="101"><inline class="smallCaps">Sec</inline>. 101. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 102 of title I of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241b">20 USC 241b</ref>.</p></sidenote>Education Act of 1965 is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“duration of assistance</heading> <num value="102">“<inline class="smallCaps">Sec</inline>. 102. </num> <content class="inline">During the period beginning July 1, 1973, and ending June 30, 1978, the Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for grants made on the basis of entitlements created under this title.”.</content> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2)</num> <subparagraph class="inline"> <num value="A">(A)</num> <clause class="inline"> <num value="i">(i)</num> <subclause class="inline"> <num value="I">(I) </num> <content class="inline">Such title I is amended by inserting immediately <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote>after the heading of part A the following new heading: <quotedContent> <subpart> <num value="1">“Subpart 1—</num> <heading class="inline">Grants to Local Educational Agencies”.</heading> </subpart> </quotedContent> </content> </subclause> <subclause class="indent4 fontsize10"> <num value="II"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote>(II) </num> <content class="inline">Section 103(a) of such title I is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="103">“<inline class="smallCaps">Sec</inline>. 103. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is authorized to be appropriated for each fiscal year for the purpose of this paragraph 1 per centum of the amount appropriated for such year for payments to States under <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 500.</p></sidenote>section 143(a) (other than payments under such section to jurisdictions excluded from the term ‘State’ by this subsection, and payments <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 494.</p></sidenote>pursuant to section 124), and there shall be authorized to be appropriated such additional sums as will assure at least the same level of funding under this title as in fiscal year 1973 for Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and to the Secretary of the Interior for payments pursuant to paragraphs (1) and (2) of subsection (d). The amount appropriated pursuant to this paragraph shall be allotted by the Commissioner (A) among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for grants under this part, and (B) to the Secretary of the Interior in the <page identifier="/us/stat/88/489">88 <inline class="smallCaps">Stat</inline>. 489</page>amount necessary (i) to make payments pursuant to paragraph (1) of subsection (d), and (ii) to make payments pursuant to paragraph (2) of subsection (d). The grant which a local educational agency in Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands is eligible to receive shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In any case in which the Commissioner determines that satisfactory<sidenote><p class="firstIndent1 fontsize8">Grant formula.</p></sidenote> data for that purpose are available, the grant which a local educational agency in a State shall be eligible to receive under this subpart for a fiscal year shall (except as provided in paragraph (3)) be determined by multiplying the number of children counted under subsection (c) by 40 per centum of the amount determined under the next sentence. The amount determined under this sentence shall be the average per pupil expenditure in the State except that (A) if the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, such amount shall be 80 per centum of the average per pupil expenditure in the United States, or (B) if the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, such amount shall be 120 per centum of the average per pupil expenditure in the United States. In any case in which such data are not available, subject to paragraph (3), the grant for any local educational agency in a State shall be determined on the basis of the aggregate amount of such grants for all such agencies in the county or counties in which the school district of the particular agency is located, which aggregate amount shall be equal to the aggregate amount determined under the two preceding sentences for such county or counties, and shall be allocated among those agencies upon such equitable basis as may be determined by the State educational agency in accordance with basic criteria prescribed by the Commissioner.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Upon determination by the State educational agency that<sidenote><p class="firstIndent1 fontsize8">Special education.</p></sidenote> a local educational agency in the State is unable or unwilling to provide for the special educational needs of children described in clause (C) of paragraph (1) of subsection (c), who are living in institutions for neglected or delinquent children, the State educational agency shall, if it assumes responsibility for the special educational needs of such children, be eligible to receive the portion of the allocation to such local educational agency which is attributable to such neglected or delinquent children, but if the State educational agency does not assume such responsibility, any other State or local public agency, as determined by regulations established by the Commissioner, which does assume such responsibility shall be eligible to receive such portion of the allocation.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">In the case of local educational agencies which serve in whole or in part the same geographical area, and in the case of a local educational agency which provides free public education for a substantial number of children who reside in the school district of another local educational agency, the State educational agency may allocate the amount of the grants for those agencies among them in such manner as it determines will best carry out the purposes of this title.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The grant which Puerto Rico shall be eligible to receive under<sidenote><p class="firstIndent1 fontsize8">Puerto Rico, grant formula.</p></sidenote> this subpart for a fiscal year shall be the amount arrived at by multiplying the number of children counted under subsection (c) by 40 per centum of (i) the average per pupil expenditure in Puerto Rico or (ii) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States.</content> </subparagraph> </paragraph> <page identifier="/us/stat/88/490">88 <inline class="smallCaps">Stat</inline>. 490</page> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote>“(4) </num> <content class="inline">For purposes of this subsection, the term ‘State’ does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.”</content> </paragraph> </subsection> </section> </quotedContent> </content> </subclause> </clause> <clause class="indent3 fontsize10"> <num value="ii"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote>(ii) </num> <content class="inline">Section 103(b) of such title I is amended by striking out “<quotedText>aged five to seventeen, inclusive, described in clauses (A), (B), and (C) of the first sentence of paragraph (2) of subsection (a)</quotedText>” and inserting in lieu thereof “<quotedText>counted under subsection (c) </quotedText>”.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">Section 103(c) of such title I is amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The number of children to be counted for purposes of this section is the aggregate of (A) the number of children aged five to seventeen, inclusive, in the school district of the local educational agency from families below the poverty level as determined under paragraph (2)(A), (B) two-thirds of the number of children aged five to seventeen, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (2)(B), and (C) the number of children aged five to seventeen, inclusive, in the school district of such agency living in institutions for neglected or delinquent children (other than such institutions operated by the <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 494.</p></sidenote>United States) but not counted pursuant to section 123 for the purposes of a grant to a State agency, or being supported in foster homes with public funds.”.</content> </paragraph> </subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">Subsection (d) of section 103 is redesignated as paragraph (2) of subsection (c).</content> </clause> <clause class="indent3 fontsize10"> <num value="ii"><sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>(ii) </num> <content class="inline">The first sentence of such paragraph (2), as redesignated by this section, is amended to read as follows: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">For the purposes of this sect! on, the Commissioner shall determine the number of children aged five to seventeen, inclusive, from families below the poverty level on the basis of the most recent satisfactory data available from the Department of Commerce for local educational agencies (or, if such data are not available for such agencies, for counties); and in determining the families which are below the poverty level, the Commissioner shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census.”.</content> </subparagraph> </quotedContent> </content> </clause> <clause class="indent3 fontsize10"> <num value="iii"><sidenote><p class="firstIndent1 fontsize8">Repeal.</p></sidenote>(iii) </num> <content class="inline">The second sentence of paragraph (2) of such subsection (c) (as redesignated by this section) is repealed.</content> </clause> <clause class="indent3 fontsize10"> <num value="iv"><sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>(iv) </num> <content class="inline">The third sentence of such paragraph (2) is amended to read as follows: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">For purposes of this section, the Secretary of Health, Education, and Welfare shall determine the number of children aged five to seventeen, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current criteria of poverty, from payments under the program of aid to families with dependent children under a <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601</ref>.</p></sidenote>State plan approved under title IV of the Social Security Act; and in making such determinations the Secretary shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census for a non farm family of four in such form as those criteria have been updated by increases in the Consumer Price Index. The Secretary shall determine the number of such children and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of January of the preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the second calendar year preceding such month of January) or, to the extent that such data are not available to him before April 1 of the calendar year <page identifier="/us/stat/88/491">88 <inline class="smallCaps">Stat</inline>. 491</page>in which the Secretary’s determination is made, then on the basis of the most recent reliable data available to him at the time of such determination.”.</content> </subparagraph> </quotedContent> </content> </clause> <clause class="indent3 fontsize10"> <num value="v">(v) </num> <content class="inline">The fourth sentence of such paragraph (2) (as redesignated by<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 490.</p></sidenote> this section) is amended by striking out the word “<quotedText>When</quotedText>” and inserting in lieu thereof the following: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">When”;</content> </subparagraph> <continuation class="fontsize10">and by striking out “<quotedText>having an annual income less than the low-income factor (established pursuant to subsection (c))</quotedText>” and inserting in lieu thereof “<quotedText>below the poverty level (as determined under paragraph (A) of this subsection) </quotedText>”.</continuation> </quotedContent> </content> </clause> <clause class="indent3 fontsize10"> <num value="vi">(vi) </num> <content class="inline">Section 103(e) of such title I is repealed.<sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p><p class="firstIndent1 fontsize8">Out-of-State Indian children, payments.</p></sidenote></content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">Section 103 of such title I is amended by adding at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">From the amount allotted for payments to the Secretary of the Interior under clause (B)(i) in the second sentence of subsection (a)(1), the Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Commissioner determines will best carry out the purposes of this title, with respect to out-of-State Indian children in the elementary and secondary schools of such agencies under special contracts with the Department of the Interior. The amount of such payment may not exceed, for each such child, 40 per centum of (A) the average per pupil expenditure in the State in which the agency is located or (B) 120 per centum of such expenditure in the United States, whichever is the greater.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The amount allotted for payments to the Secretary of the Interior under clause (B)(ii) in the second sentence of subsection (a)(1) for any fiscal year shall be, as determined pursuant to criteria established by the Commissioner, the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. Such payments shall be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this title. Such agreement shall contain (A) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of section 141 (a) and that the Department of<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 496.</p></sidenote> the Interior will comply in all other respects with the requirements of this title, and (B) provision for carrying out the applicable provisions of sections 141(a) and 142(a)(3).”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e, 241f">20 USC 241e, 241f</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote></content> </paragraph> </subsection> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">Such title I is amended by inserting at the end of part A the following: <quotedContent> <subpart> <num value="2">“Subpart 2—</num> <heading class="inline">State Operated Programs</heading> <section> <heading class="smallCaps centered">“programs for handicapped children</heading> <num value="121">“<inline class="smallCaps">Sec</inline>. 121. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">A State agency which is directly responsible for providing<sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s24lc–1">20 USC 24lc–1</ref>.</p></sidenote> free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education), shall be eligible to receive a grant under this section for any fiscal year.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Except as provided in sections 124 and 125, the grant which<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 494, 495.</p></sidenote> an agency (other than the agency for Puerto Rico) shall be eligible to receive under this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80 <page identifier="/us/stat/88/492">88 <inline class="smallCaps">Stat</inline>. 492</page>per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States), multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State agency, in the most recent fiscal year for which satisfactory data are available. The grant which Puerto Rico shall be eligible to receive under this section shall be the amount arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Grants, use limitation.</p></sidenote>“(c) </num> <content class="inline">A State agency shall use the payments made under this section only for programs and projects (including the acquisition of equipment and, where necessary, the construction of school facilities) which are designed to meet the special educational needs of such children, and the State agency shall provide assurances to the Commissioner that each such child in average daily attendance counted under subsection (b) will be provided with such a program, commensurate with his special needs, during any fiscal year for which such payments are made.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">In the case where such a child leaves an educational program for handicapped children operated or supported by the State agency in order to participate in such a program operated or supported by a local educational agency, such child shall be counted under subsection (b) if (1) he continues to receive an appropriately designed educational program and (2) the State agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State agency under this section which are attributable to such child, to be used for the purposes set forth in subsection (c).</content> </subsection> </section> <section> <heading class="smallCaps centered">“programs for migratory children</heading> <num value="122">“<inline class="smallCaps">Sec</inline>. 122. </num><sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c–2">20 USC 241c–2</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">A State educational agency or a combination of such agencies, upon application, shall be entitled to receive a grant for any fiscal year under this section to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers or of migratory <sidenote><p class="firstIndent1 fontsize8">Application, approval.</p></sidenote>fishermen. The Commissioner may approve such an application only upon his determination—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers or of migratory fishermen, and to coordinate these programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">that in planning and carrying out programs and projects there has been and will be appropriate coordination with pro-<page identifier="/us/stat/88/493">88 <inline class="smallCaps">Stat</inline>. 493</page>grams administered under part B of title III of the Economic Opportunity Act of 1964;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2861">42 USC 2861</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of clauses (1)(B) and (3) through (12) of section 141(a); and<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 496.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">that, in planning and carrying out programs and projects, there has been adequate assurance that provision will be made for the preschool educational needs of migratory children of migratory agricultural workers or of migratory fishermen, whenever such agency determines that compliance with this clause will not detract from the operation of programs and projects described in clause (A) of this paragraph after considering the funds available for this purpose.</content> </subparagraph> <continuation class="fontsize10">The Commissioner shall not finally disapprove an application of a State educational agency under this paragraph except after reasonable notice and opportunity for a hearing to the State educational agency.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If the Commissioner determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers or or migratory fishermen, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this section in one or more States, and for this purpose he may use all or part of the total of grants available for any such State under this section.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">For purposes of this section, with the concurrence of his parents, a migratory child of a migratory agricultural worker or of a migratory fisherman shall be deemed to continue to be such a child for a period, not in excess of five years, during which he resides in the area served by the agency carrying on a program or project under this subsection. Such children who are presently migrant, as determined pursuant to regulations of the Commissioner, shall be given priority in this consideration of programs and activities contained in applications submitted under this subsection.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Except as provided in sections 124 and 125, the total grants<sidenote><p class="firstIndent1 fontsize8">Grants, availability.</p><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 494, 495.</p></sidenote> which shall be made available for use in any State (other than Puerto Rico) for this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum or the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by (1) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (2) the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations, except that if, in the case of any State, such amount exceeds the amount required under subsection (a), the Commissioner shall allocate such excess, to the extent necessary, to other States whose total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States. The total grant which shall be made available for use in Puerto Rico shall be arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per <page identifier="/us/stat/88/494">88 <inline class="smallCaps">Stat</inline>. 494</page>pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. In determining the number of migrant children for the purposes of this section the Commissioner shall use statistics made available by the migrant student record transfer system or such other system as he may determine most accurately and fully reflects the actual number of migrant students.</content> </subsection> </section> <section> <heading class="smallCaps centered">“programs for neglected or delinquent children</heading> <num value="123">“<inline class="smallCaps">Sec</inline>. 123. </num><sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c–3">20 USC 241c–3</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">A State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions shall be entitled to receive a grant under this section for any fiscal year (but only if grants received under this section are used only for children in such institutions).</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 495.</p></sidenote>“(b) </num> <content class="inline">Except as provided in sections 124 and 125, the grant which such an agency (other than the agency for Puerto Rico) shall be eligible to receive shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for such children operated or supported by that agency, including schools providing education for such children under contract or other arrangement with such agency, in the most recent fiscal year for which satisfactory data are available. The grant which Puerto Rico shall be eligible to receive under this section shall be the amount arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Grants, use limitation.</p></sidenote>“(c) </num> <content class="inline">A State agency shall use payments under this section only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children.</content> </subsection> </section> <section> <heading class="smallCaps centered">“reservation of funds for territories</heading> <num value="124">“<inline class="smallCaps">Sec</inline>. 124. </num><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s24lc–">20 USC 24lc–4</ref>“</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 491, 492.</p><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> <content class="inline">There is authorized to be appropriated for each fiscal year for purposes of each of sections 121, 122, and 123, an amount equal to not more than 1 per centum of the amount appropriated for such year for such sections for payments to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands under each such section. The amounts appropriated for each such section shall be allotted among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants, based on such criteria as the, Commissioner determines will best carry out the purposes of this title.</content> </section> <page identifier="/us/stat/88/495">88 <inline class="smallCaps">Stat</inline>. 495</page> <section> <heading class="smallCaps centered">“minimum payments fob state operated programs</heading> <num value="125">“<inline class="smallCaps">Sec</inline>. 125. </num> <content class="inline">Except as provided in section 843 of the Education<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c–5">20 USC 241c–5</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 611.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 491, 492, 494.</p></sidenote> Amendments of 1974, no State agency shall receive in any fiscal year prior to July 1, 1978, pursuant to sections 121, 122, or 123 an amount which is less than UK) per centum of the amount which that State agency received in the prior fiscal year pursuant to such sections 121, 122, or 123, respectively.”.</content> </section> </subpart> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 121 of such title I and all references thereto are redesignated<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241d">20 USC 241d</ref>.</p></sidenote> as section 126.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Part C of such title I is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241d–11">20 USC 241d–11</ref>.</p></sidenote> <quotedContent> <part> <num value="C">“<inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Special Grants</inline></heading> <section> <heading class="smallCaps centered">“eligibility and maximum amount of special grants</heading> <num value="131">“<inline class="smallCaps">Sec</inline>. 131. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Each local educational agency in a State which is eligible for a grant under this title for any fiscal year shall be entitled to an additional grant for that fiscal year if it meets the requirements of subsection (b). The amount of such grant shall be determined in accordance with subsection (c).</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">A local educational agency shall be entitled to a grant under this part for any fiscal year if the school district of such agency is located in a county in which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the number of children described in paragraph (2) for such year amounts to at least 200 per centum of the average number of such children in all counties in the State in which such agency is located for that fiscal year; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the number of children so described in such county for Such year is 10,000 and amounts to 5 per centum of the total number of children in such county.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">For the purposes of paragraph (1), the children counted with respect to a local educational agency shall be those children in the such county who are—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">in families having an annual income of $3,000 or less: or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">in families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act; or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">living in institutions for neglected or delinquent children or being supported in foster homes with public funds.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Determinations with respect to numbers of children in any county under paragraph (2) shall be made by the Commissioner on the basis of the most recent satisfactory data available to him.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">The number of children determined with respect to one or more counties shall be allocated by the Commissioner, for the purposes of paragraph (2), among the local educational agencies with school districts located in such county or counties.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <chapeau class="inline">In any case where—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">two or more local educational agencies serve, in whole or in part, the same geographical area; or</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">a local educational agency provides free public education for a substantial number of children who reside in the school district of another local educational agency,</content> </subclause> <continuation class="fontsize10">the Commissioner may allocate the number of children determined under this subsection among such agencies in such a manner as will best achieve the purposes of this section.</continuation> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">For the purposes of paragraph (2), the Commissioner shall determine the number of children from families having an annual income of $3,000 or less on the basis of the most recent satisfactory <page identifier="/us/stat/88/496">88 <inline class="smallCaps">Stat</inline>. 496</page>data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this subsection.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">For the purposes of this subsection, the Secretary of Health, Education, and Welfare shall determine the number of children from families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601</ref>.</p></sidenote>under a State plan approved under title IV of the Social Security Act and the number of children living in institutions for neglected or delinquent children or being supported in foster homes with public funds, on the basis of caseload data for the month of January of the preceding fiscal year, or to the extent that such data are not available to him before April 1 of the calendar year in which the determination is made, then on the basis of the most recent data available to him at the time of such determination. For the purposes of this subsection, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children.</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Grant formula.</p></sidenote>“(c) </num> <chapeau class="inline">The amount of the grant to which a local educational agency shall be entitled for any fiscal year shall be—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the number of children determined with respect to such agency under subsection (b);</content> </subparagraph> <continuation class="fontsize10">multiplied by—</continuation> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">50 per centum of the average per pupil expenditure of all the local educational agencies in the State in which such agency is located.</content> </subparagraph> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Payments, limitation.</p></sidenote>“(d) </num> <content class="inline">Notwithstanding any other provision of this section, no payments for any fiscal year under this part to the local educational agencies in a single State shall exceed 12 per centum of the aggregate payments to all local educational agencies in that year under this part.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The aggregate of the amount for which all local educational agencies are eligible under this part shall not exceed $75,000,000 for any fiscal year. I f, for any fiscal year, such aggregate, as computed without regard to the preceding sentence, exceeds $75,000,000, the amount for which each local educational agency is eligible shall be reduced ratably until such aggregate does not exceed such limitation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>“(2) </num> <content class="inline">For the purpose of making payments under this part there are authorized to be appropriated not in excess of $75,000,000 for the fiscal year ending June 30, 1975.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <chapeau class="inline">For the purposes of this section, the term—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1"><sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote>“(1) </num> <content class="inline">‘State’ means the fifty States and the District of Columbia; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">“Children.”</p></sidenote>“(2) </num> <content class="inline">‘children’ includes all children aged five through seventeen, inclusive.”.</content> </paragraph> </subsection> </section> </part> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Repeal; effective date.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 495.</p><p class="firstIndent1 fontsize8">Excess costs.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e">20 USC 241e</ref>.</p></sidenote> (B) </num> <content class="inline">Effective July 1, 1975, part C of such title I is repealed.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 141(a)(1) of such title I is amended by striking out so much thereof as precedes clause (B) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">that payments under this title will be used for the excess costs of programs and projects (including the acquisition of equipment, payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools eligible for assistance under this title, the training of teachers, and, where necessary, the construction of school facilities and plans made or to be made for such programs, projects, and facilities) (A) which are designed to meet the special educational needs of educationally deprived children in school attendance areas having high concentrations of children from low-income families and”.</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">Section 141(a)(1)(A) of such title I is amended by adding <page identifier="/us/stat/88/497">88 <inline class="smallCaps">Stat</inline>. 497</page>before the “<quotedText>and</quotedText>” at the end thereof the following: “<quotedText>(and at the discretion of the local educational agency, in any school of such agency not located in such a school attendance area, at which the proportion of children in actual average daily attendance from low-income families is substantially the same as the proportion of such children in such an area of that agency)</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">Section 141 (a)(2) of such title I is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e">20 USC 241e</ref>.</p></sidenote> <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">that the local educational agency has provided satisfactory assurance that section 141A will be complied with;”.<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">Section 141(a) of such title I is amended by striking out “<quotedText>and</quotedText>” after paragraph (12), and by striking out paragraph (13), and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">that, where a school attendance area does not meet the requirement of paragraph (1)(A) of this subsection for a fiscal year, or in the case of a local educational agency electing to allocate funds under section 140, where such an area does not meet the requirement of that section, but did meet the appropriate requirement in either of the two preceding fiscal years, that school attendance area shall be considered to meet the applicable criterion for that fiscal year; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">“(14) </num> <chapeau class="inline">that the local educational agency shall establish an advisory<sidenote><p class="firstIndent1 fontsize8">Advisory councils.</p><p class="firstIndent1 fontsize8">Establishment.</p></sidenote> council for the entire school district and shall establish an advisory council for each school of such agency served by a program or project assisted under section 143(a)(2), each of which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g">20 USC 241g</ref>.</p></sidenote> advisory councils—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">has as a majority of its members parents of the children to be served,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">is composed of members selected by the parents in each school attendance area,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">has been given responsibility by such agency for advising it in the planning for, and the implementation and evaluation of, such programs and projects, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">is provided by such agency, in accordance with regulations of the Commissioner, with access to appropriate information concerning such programs and projects.”</content> </subparagraph> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">Section 141 of such title I is amended by striking out subsection (c), by redesignating subsection (b) as subsection (c), and by inserting after subsection (a) the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">It is the intent of the Congress to encourage, where feasible, the development for each educationally deprived child participating in a program under this title of an individualized written educational plan (maintained and periodically evaluated), agreed upon jointly by the local educational agency, a parent or guardian of the child, and when appropriate, the child.”</content> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Such title I is amended by inserting immediately after section 141 the following new section: <quotedContent> <section> <heading class="smallCaps centered">“participation of children enrolled in private schools</heading> <num value="141A">“<inline class="smallCaps">Sec</inline>. 141A. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To the extent consistent with the number of educationally<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e–1">20 USC 241e–1</ref>.</p></sidenote> deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency shall make provision for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate and meeting the requirements of clauses (A) and (B) of paragraph (1) of subsection (a) of section 141, paragraph (2) of subsection (a) of such section, and clauses (A) and (B) of paragraph (3) of subsection (a) of such section 141.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If a local educational agency is prohibited by law from <page identifier="/us/stat/88/498">88 <inline class="smallCaps">Stat</inline>. 498</page>providing for the participation in special programs for educationally deprived children enrolled in private elementary and secondary schools <sidenote><p class="firstIndent1 fontsize8">Waiver.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 497.</p></sidenote>as required by subsection (a), the Commissioner shall waive such requirement and the provisions of section 141 (a)(2), and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">If the Commissioner determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), he shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a), upon which determination the provisions of paragraph (a) and section 141 (a)(2) shall be waived.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Costs, payment.</p></sidenote>“(3) </num> <content class="inline">When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allocation or allocations under this title.</content> </paragraph> </subsection> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>“(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">the Commissioner shall not take any final action under this section until he has afforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote>“(B) </num> <content class="inline">If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under subparagraph (A) of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D"><sidenote><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote>“(D) </num> <content class="inline">Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”.</content> </subparagraph> </paragraph> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7"><sidenote><p class="firstIndent1 fontsize8">Appropriation adjustments.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241h">20 USC 241h</ref>.</p></sidenote>(7) </num> <content class="inline">Section 144 of such title I is amended by striking out the first sentence and inserting in lieu thereof the following: “<quotedText>If the sums appropriated for any fiscal year for making the payments provided in this title are not sufficient to pay in full the total amounts which all local and State educational agencies are entitled to receive under this title for such year, the amount available for each grant to a State <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 491, 492, 494.</p></sidenote>agency eligible for a grant under section 121. 122, or 123 shall be equal to the total amount of the grant as computed under each such section. If the remainder of such sums available after the application of the preceding sentence is not sufficient to pay in full the total amounts which all local educational agencies are entitled to receive <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241d">20 USC 241d</ref>.</p></sidenote>under part A of this title for such year, the allocations to such agencies and allocations under part B shall, subject to adjustments under the next sentence, be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appro-<page identifier="/us/stat/88/499">88 <inline class="smallCaps">Stat</inline>. 499</page>priated, except that entitlements under such part B shall be taken into consideration only to the extent that appropriations for such title I (excluding part C thereof) exceed $1,396,975,000 for any fiscal year<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 495.</p></sidenote> and such entitlements shall not exceed $50,000,000 in any fiscal year. The allocation of a local educational agency which would be reduced under the preceding sentence to less than 85 per centum of its allocation under part A for the preceding fiscal year, shall be increased to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241">20 USC 241c</ref></p></sidenote> such amount, the total of the increases thereby required being derived by proportionately reducing the allocations of the remaining local educational agencies, under the preceding sentence, but with such adjustments as may be necessary to prevent the allocation to any remaining local educational agency from being thereby reduced to less than 85 per centum of its allocation for such year. If the aggregate of the amounts to which all States are entitled under such part B exceeds $50,000,000 the entitlement of each State shall be reduced ratably until such aggregate does not exceed $50,000,000 in such fiscal year.</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">Section 150 of such title I is redesignated as section 152, and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> such title 1 is further amended by adding immediately after section 149 the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“allocation of funds within tire school district of a local educational agency</heading> <num value="150">“<inline class="smallCaps">Sec</inline>. 150. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For any fiscal year not more than 20 local educational<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241n">20 USC 241n</ref>.</p></sidenote> agencies selected for the purpose of section 821(a)(5) of the Education Amendments of 1974 may elect, with the approval of the district-wide<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 599.</p></sidenote> parent advisory council which is required to be established under section 141 (a)(14) of this title, to allocate funds received from payments<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 497.</p></sidenote> under this title on the oasis of a method or combination of methods other than the method provided under section 141(a)(1)(A).<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 496.</p></sidenote> Any method selected pursuant to this section shall be so designed and administered as to be free from racial or cultural discrimination.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Any local educational agency to which this section applies shall<sidenote><p class="firstIndent1 fontsize8">Reports to Director of the National Institute of Education.</p></sidenote> submit such reports to the Director of the National Institute of Education at such time and in such manner as the Director may reasonably require to carry out his responsibilities under section 821(a)(5) of the Education Amendments of 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">“program evaluation</heading> <num value="151">“<inline class="smallCaps">Sec</inline>. 151. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner shall provide for independent<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s2410">20 USC 2410</ref>.</p></sidenote> evaluations which describe and measure the impact of programs and projects assisted under this title. Such evaluations may be provided by contract or other arrangements, and all such evaluations shall be made by competent and independent persons, and shall include, whenever possible, opinions obtained from program or project participants about the strengths and weaknesses of such programs or projects.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Commissioner shall develop and publish standards for<sidenote><p class="firstIndent1 fontsize8">Standards.</p></sidenote> evaluation of program or project effectiveness in achieving the objectives of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Commissioner shall, where appropriate, consult with State<sidenote><p class="firstIndent1 fontsize8">Studies.</p></sidenote> agencies in order to provide for jointly sponsored objective evaluation studies of programs and projects assisted under this title within a State.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">The Commissioner shall provide to State educational agencies,<sidenote><p class="firstIndent1 fontsize8">Models.</p></sidenote> models for evaluations of all programs conducted under this title, for their use in carrying out their functions under section 143(a), which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g">20 USC 241g</ref>.</p></sidenote> shall include uniform procedures and criteria to be utilized by local <page identifier="/us/stat/88/500">88 <inline class="smallCaps">Stat</inline>. 500</page>educational agencies, as well as by the State agency in the evaluation of such programs.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Technical assistance.</p></sidenote>“(e) </num> <content class="inline">The Commissioner shall provide such technical and other assistance as may be necessary to State educational agencies to enable them to assist local educational agencies in the development and application of a systematic evaluation of programs in accordance with the models developed by the Commissioner.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">The models developed by the Commissioner shall specify objective criteria which shall be utilized in the evaluation of all programs and shall outline techniques (such as longitudinal studies of children involved in such programs) and methodology (such as the use of tests which yield comparable results) for producing data which are comparable on a statewide and nationwide basis.</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>“(g) </num> <content class="inline">The Commissioner shall make a report to the respective committees of the Congress having legislative jurisdiction over programs authorized by this title and the respective Committees on Appropriations concerning his progress in carrying out this section not later <sidenote><p class="firstIndent1 fontsize8">Annual reports.</p></sidenote>than January 31, 1975, and thereafter he shall report to such committees no later than January 31 of each calendar year the results of the evaluations of programs and projects required under this section, which shall be comprehensive and detailed, as up-to-date as possible, and based to the maximum extent possible on objective measurements, together with any other related findings and evaluations, and his recommendations with respect to legislation.</content> </subsection> <subsection class="firstIndent1"> <num value="h"><sidenote><p class="firstIndent1 fontsize8">Information gathering and dissemination systems.</p></sidenote>“(h) </num> <content class="inline">The Commissioner shall also develop a system for the gathering and dissemination of results of evaluations and for the identification of exemplary programs and projects, or of particularly effective elements of programs and projects, and for the dissemination of information concerning such programs and projects or such elements thereof to State and local educational agencies responsible for the design and conduct of programs and projects under this title, and to the education profession and the general public.</content> </subsection> <subsection class="firstIndent1"> <num value="i"><sidenote><p class="firstIndent1 fontsize8">Appropriations, limitation.</p></sidenote>“(i) </num> <content class="inline">The Commissioner is authorized, out of funds appropriated to carry out this title in any fiscal year, to expend such sums as may be necessary to carry out the provisions of this section, but not to exceed one-half of 1 per centum of the amount appropriated for such program, of which $5,000,000 for each fiscal year ending prior to July 1, 1977, shall be available only for the surveys and studies authorized by section <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 599.</p></sidenote>821 of the Education Amendments of 1974.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e">20 USC 241e</ref>.</p></sidenote>(9)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Section 141(a)(4) of such title is amended by striking out “<quotedText>section 145</quotedText>” and inserting in lieu thereof “<quotedText>section 433 of the General <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221 note</ref>.</p></sidenote>Education Provisions Act</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241e">20 USC 241e</ref>.</p></sidenote>(B) </num> <content class="inline">Section 141 (a)(1)(B) of such title is amended by striking out “<quotedText>maximum</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g">20 USC 241g</ref>.</p></sidenote>(C) </num> <content class="inline">Section 143(a)(2) of such title is amended by striking out “<quotedText>maximum</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241f">20 USC 241f</ref>.</p></sidenote>(D) </num> <content class="inline">Section 142 of such title is amended by striking out “<quotedText>described in section 141(c)</quotedText>” and inserting in lieu thereof “<quotedText>provided for in section <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 492.</p></sidenote>122</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">Section 142(a)(1) of such title is amended by striking out “<quotedText>section 103(a)(5)</quotedText>” and inserting in lieu thereof “<quotedText>section 121</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">Section 143(a)(2) of such title is amended by striking out “<quotedText>or section 131</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">(G) </num> <content class="inline">Section 143(b)(1) of such title is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">1 per centum of the amount allocated to the State and its local educational agencies as determined for that year under this title; or”.</content> </paragraph> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="H"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241h">20 USC 241h</ref>.</p></sidenote>(H) </num> <content class="inline">The third and fourth sentences of section 144 of such title are each amended by striking out “<quotedText>section 103(a)(6)</quotedText>” and inserting in lieu thereof “<quotedText>section 122</quotedText>”.</content> </subparagraph> <page identifier="/us/stat/88/501">88 <inline class="smallCaps">Stat</inline>. 501</page> <subparagraph class="indent2 fontsize10"> <num value="I">(I) </num> <content class="inline">Section 146 of such title is amended by striking out “<quotedText>section 141<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241j">20 USC 241j</ref>.</p></sidenote> (c)</quotedText>” and inserting in lieu thereof “<quotedText>section 122</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 492.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="J">(J) </num> <content class="inline">Section 147 of such title is amended by striking out “<quotedText>section 141<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241k">20 USC 241k</ref>.</p></sidenote> (c)</quotedText>” and inserting in lieu thereof “<quotedText>section 122</quotedText>”.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="K">(K) </num> <content class="inline">Section 403 of the Act of September 30, 1950 (Public Law 874,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote> Eighty-first Congress), is amended by adding at the end thereof the following new paragraphs: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="16">“(16) </num> <content class="inline">For purposes of title II, the ‘average per pupil expenditure’<sidenote><p class="firstIndent1 fontsize8">“Average per pupil expenditure.”</p></sidenote> in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made (or if satisfactory data for that year are not available at the time of computation, then during the most recent preceding fiscal year for which satisfactory data are available), of all local educational agencies as defined in section 403(6)(B) in the State, or in the United States (which for the purposes of this subsection means the fifty States, and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the source of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="17">“(17) </num> <content class="inline">For the purposes of title II, ‘excess costs’<sidenote><p class="firstIndent1 fontsize8">“Excess costs.”</p></sidenote> means those costs directly attributable to programs and projects which exceed the average per pupil expenditure of a local educational agency in the most recent year for which satisfactory data are available for pupils in the grade or grades included in such programs or projects (but not including expenditures for any comparable State or local special programs for educationally deprived children or expenditures for bilingual programs or special education for handicapped children or children with specific learning disabilities, if such expenditures for bilingual education and special education are used to provide, to children of limited English-speaking ability and handicapped children, and children with specific learning disabilities who reside in title I project areas, services which are comparable to those provided to similarly disadvantaged children residing in nonproject areas).”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">There is authorized to be appropriated for each fiscal year a<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241b–1">20 USC 241b–1</ref>.</p></sidenote> sum not to exceed $15,700,000 to be allocated at the discretion of the Commissioner to assist, those local education agencies whose total allocation under part A of title I of the Elementary and Secondary Education<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote> Act of 1965 is 90 per centum or less than such allocation under such part A during the preceding fiscal year.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Except as otherwise specifically provided, the amendments<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241b">20 USC 241b note</ref>.</p></sidenote> made by subsection (a) and the provisions of paragraph (10) of such subsection shall be effective on and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">school library resources, textbooks, and other instructional materials</heading> <num value="102"><inline class="smallCaps">Sec</inline>. 102. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 201(b) of the Elementary and Secondary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821">20 USC 821</ref>.</p></sidenote> Education Act of 1965 is amended by inserting before the period at the end thereof the following: “<quotedText>, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part B of title IV</quotedText>”.</content> </subsection> <page identifier="/us/stat/88/502">88 <inline class="smallCaps">Stat</inline>. 502</page> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s822">20 USC 822</ref>.</p></sidenote>(b) </num> <content class="inline">The third sentence of section 202(a)(1) of the Act is amended by striking out “<quotedText>for the fiscal year ending June 30, 1968, and each of the succeeding fiscal years ending prior to July 1, 1973,</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821">20 USC 821 note</ref>.</p></sidenote>(c) </num> <content class="inline">The amendments made by this section shall be effective on and after July 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">supplementary educational centers and services; guidance, counseling, and testing</heading> <num value="103"><inline class="smallCaps">Sec</inline>. 103. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841">20 USC 841</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first sentence of section 301(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: “<quotedText>, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The second sentence of such Act is amended by inserting before the period at the end thereof the following: “<quotedText>, anti each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s842">20 USC 842</ref>.</p></sidenote>(b) </num> <content class="inline">The third sentence of section 302(a)(1) of such Act is amended by striking out “<quotedText>for each fiscal year ending prior to July 1, 1973,</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s844a">20 USC 844a</ref>.</p></sidenote>(c) </num> <content class="inline">The first sentence of section 305(c) of the Act is amended by striking out “<quotedText>1973</quotedText>” and inserting in lieu thereof “<quotedText>1978</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s845">20 USC 845</ref>.</p></sidenote>(d) </num> <content class="inline">Section 307 of such Act is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote>“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commissioner shall not take any final action under subsection (f) until he has afforded the State educational agency and the local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote>“(2) </num> <content class="inline">If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under paragraph (1) of this paragraph, it may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28. United States Code.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote>“(4) </num> <content class="inline">Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841">20 USC 841 note</ref>.</p></sidenote>(e) </num> <content class="inline">The amendments made by subsections (a), (b), and (c) of this section shall be effective on and after July 1, 1973, and the amendment <page identifier="/us/stat/88/503">88 <inline class="smallCaps">Stat</inline>. 503</page>made by subsection (d) shall be effective on the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">strengthening state and local educational agencies</heading> <num value="104"><inline class="smallCaps">Sec</inline>. 104. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 501(b) of the Elementary and Secondary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s861">20 USC 861</ref>.</p></sidenote> Education Act of 1965 is amended by inserting before the period at the end thereof the following: “<quotedText>and each of the five succeeding fiscal years, except that no funds are authorized to be, appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 521(b) of such Act is amended by inserting before the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s866">20 USC 866</ref>.</p></sidenote> period at the end thereof the following: “<quotedText>, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 531 (b) of such Act is amended by inserting before the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s867">20 USC 867</ref>.</p></sidenote> period at the end thereof the following: “<quotedText>, and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The amendments made by this section shall be effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s861">20 USC 861 note</ref>.</p></sidenote> and after July 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">bilingual educational programs</heading> <num value="105"><inline class="smallCaps">Sec</inline>. 105. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Title VII of the Elementary and Secondary<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b">20 USC 880b</ref>.</p></sidenote> Education Act of 1965 is amended to read as follows: <quotedContent> <title> <num value="VII">“TITLE VII—</num> <heading class="inline">BILINGUAL EDUCATION<sidenote><p class="firstIndent1 fontsize8">Bilingual Education Act.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b">20 USC 880b note</ref>.</p></sidenote></heading> <section> <heading class="smallCaps centered">“short title</heading> <num value="701">“<inline class="smallCaps">Sec</inline>. 701. </num> <content class="inline">This title may be cited as the ‘<shortTitle role="title">Bilingual Education Act</shortTitle>’.</content> </section> <section> <heading class="smallCaps centered">“policy; appropriations</heading> <num value="702">“<inline class="smallCaps">Sec</inline>. 702. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Recognizing—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b">20 USC 880b</ref>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">that there are large numbers of children of limited English-speaking ability;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">that many of such children have a cultural heritage which differs from that of English-speaking persons;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">that a primary means by which a child learns is through the use of such child’s language and cultural heritage;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">that, therefore, large numbers of children of limited English-speaking ability have educational needs which can be met by the use of bilingual educational methods and techniques; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">that, in addition, children of limited English-speaking ability benefit through the fullest utilization of multiple language and cultural resources.</content> </paragraph> <continuation class="fontsize10">the Congress declares it to be the policy of the United States, in order to establish equal educational opportunity for all children (A) to encourage the establishment and operation, where appropriate, of educational programs using bilingual educational practices, techniques, and methods, and (B) for that purpose, to provide financial assistance to local educational agencies, and to State educational agencies for certain purposes, in order to enable such local educational agencies <page identifier="/us/stat/88/504">88 <inline class="smallCaps">Stat</inline>. 504</page>to develop and carry out such programs in elementary and secondary schools, including activities at the preschool level, which are designed to meet the educational needs of such children; and to demonstrate effective ways of providing, for children of limited English-speaking ability, instruction designed to enable them, while using their native language, to achieve competence in the English language.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Except as is otherwise provided in this title, for the purpose of carrying out the provisions of this title, there are authorized to be appropriated $135,000,000 for the fiscal year ending June 30, 1974; $135,000,000 for the fiscal year ending June 30, 1975; $140,000,000 for the fiscal year ending June 30, 1976; $150,000,000 for the fiscal year ending June 30, 1977; and $160,000,000 for the fiscal year ending June 30, 1978.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">There are further authorized to be appropriated to carry out <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 506.</p></sidenote>the provisions of section 721(b)(3) $6,750,000 for the fiscal year ending June 30, 1974; $7,250,000 for the fiscal year ending June 30, 1975; $7,750,000 for the fiscal year ending June 30, 1976; $8,750,000 for the fiscal year ending June 30, 1977; and $9,750,000 for the fiscal year ending June 30, 1978.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">From the sums appropriated under paragraph (1) for any fiscal year—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the Commissioner shall reserve $16,000,000 of that part thereof which does not exceed $70,000,000 for training activities carried out under clause (3) of subsection (a) of section 721, and shall reserve for such activities 33% per centum of that part thereof which is in excess of $70,000,000: and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the Commissioner shall reserve from the amount not reserved pursuant to clause (A) of this paragraph such amounts as may be necessary, but not in excess of 1 per centum thereof, for <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 510.</p></sidenote>the purposes of section 732.</content> </subparagraph> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“definitions; regulations</heading> <num value="703">“<inline class="smallCaps">Sec</inline>. 703. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–1">20 USC 880b–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The following definitions shall apply to the terms used in this title:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">The term ‘limited English-speaking ability’, when used with reference to an individual, means—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">individuals who were not born in the United States or whose native language is a language other than English, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">individuals who come from environments where a language other than English is dominant, as further defined by the Commissioner by regulations;</content> </subparagraph> <continuation class="fontsize10">and, by reason thereof, have difficulty speaking and understanding instruction in the English language.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The term ‘native, language’, when used with reference to an individual of limited English-speaking ability, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The term ‘low-income’ when used with respect to a family means an annual income for such a family which does not exceed the low annual income determined pursuant to section 103 of title I of the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p></sidenote>Elementary and Secondary Education Act of 1965.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The term ‘program of bilingual education’ means a program of instruction, designed for children of limited English-speaking ability in elementary or secondary schools, in which, with respect to the years of study to which such program is applicable—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">there is instruction given in, and study of, English and, to the extent necessary to allow a child to progress effectively through <page identifier="/us/stat/88/505">88 <inline class="smallCaps">Stat</inline>. 505</page>the educational system, the native language of the children of limited English-speaking ability, and such instruction is given with appreciation for the cultural heritage of such children, and, with respect to elementary school instruction, such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to progress effectively through the educational system; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the requirements in subparagraphs (B) through (E) of this paragraph and established pursuant to subsection (b) of this section are met.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">A program of bilingual education may make provision for<sidenote><p class="firstIndent1 fontsize8">English-speaking children, enrollment.</p></sidenote> the voluntary enrollment to a limited degree therein, on a regular basis, of children whose language is English, in order that they may acquire an understanding of the, cultural heritage of the children of limited English-speaking ability for whom the particular program of bilingual education is designed. In determining eligibility to participate in such programs, priority shall be given to the children whose language is other than English. In no event shall the program be designed for the purpose of teaching a foreign language to English-speaking children.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">In such courses or subjects of study as art, music, and physical education, a program of bilingual education shall make provision for the participation of children of limited English-speaking ability in regular classes.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">Children enrolled in a program of bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of bilingual education shall seek to insure that each child is provided with instruction which is appropriate for his or her level of educational attainment.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">An application for a program of bilingual education shall be<sidenote><p class="firstIndent1 fontsize8">Application.</p></sidenote> developed in consultation with parents of children of limited English-speaking ability, teachers, and, where applicable, secondary school students, in the areas to be served, and assurances shall be given in the application that, after the application has been approved under this title, the applicant will provide for participation by a committee composed of, and selected by, such parents, and, in the case of secondary schools, representatives of secondary school students to be served.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">The term ‘Office’ means the Office of Bilingual Education.<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">The term ‘Director’ means the Director of the Office of Bilingual Education.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">The term ‘Council’ means the National Advisory Council on Bilingual Education.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Commissioner, after receiving recommendations from<sidenote><p class="firstIndent1 fontsize8">Models.</p></sidenote> State and local educational agencies and groups and organizations involved in bilingual education, shall establish, publish, and distribute, with respect to programs of bilingual education, suggested models with respect to pupil-teacher ratios, teacher qualifications, and other factors affecting the quality of instruction offered in such programs.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">In prescribing regulations under this section, the Commissioner<sidenote><p class="firstIndent1 fontsize8">Consultation.</p></sidenote> shall consult with State and local educational agencies, appropriate organizations representing parents and children of limited English-speaking ability, and appropriate groups and organizations representing teachers and educators involved in bilingual education.</content> </subsection> </section> <page identifier="/us/stat/88/506">88 <inline class="smallCaps">Stat</inline>. 506</page> <part> <num value="A">“<inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Financial Assistance for Bilingual Education Programs</inline></heading> <section> <heading class="smallCaps centered">“bilingual education programs</heading> <num value="721">“<inline class="smallCaps">Sec</inline>. 721. </num><sidenote><p class="firstIndent1 fontsize8">Grants.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–7">20 USC 880b–7</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Funds available for grants under this part shall be used for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the establishment, operation, and improvement of programs of bilingual education;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">auxiliary and supplementary community and educational activities designed to facilitate and expand the implementation of programs described in clause (1), including such activities as (A) adult education programs related to the purposes of this title, particularly for parents of children participating in programs of bilingual education, and carried out, where appropriate, in coordination with programs assisted under the Adult Education <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 576.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1201">20 USC 1201 note</ref>.</p></sidenote>Act, and (B) preschool programs preparatory and supplementary to bilingual education programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">the establishment, operation, and improvement of training programs for personnel preparing to participate in, or personnel participating in, the conduct of programs of bilingual education and (B) auxiliary and supplementary training programs, which shall be included in each program of bilingual education, for personnel preparing to participate in, or personnel participating in, the conduct of such programs; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">planning, and providing technical assistance for, and taking other steps leading to the development of, such programs.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Application.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">A grant may be made under this section only upon application therefor by one or more local educational agencies or by an institution of higher education, including a junior or community college, applying jointly with one or more local educational agencies (or, in the case of a training activity described in clause (3)(A) of subsection <sidenote><p class="firstIndent1 fontsize8"><i>Post,</i> p. 508.</p></sidenote>(a) of this section, by eligible applicants as defined in section 723). Each such application shall be made to the Commissioner at such time, in such manner, and containing such information as the Commissioner deems necessary, and</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">include a description of the activities set forth in one or more of the clauses of subsection (a) which the applicant desires to carry out; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">provide evidence that the activities so described will make substantial progress toward making programs of bilingual education available to the children having need thereof in the area served by the applicant.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Approval.</p></sidenote>“(2) </num> <chapeau class="inline">An application for a grant under this part may be approved only if—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the provision of assistance proposed in the application is consistent with criteria established by the Commissioner, after consultation with the State educational agency, for the purpose of achieving all equitable distribution of assistance under this part within the State in which the applicant is located, which criteria shall be developed by his taking into consideration (i) the geographic distribution of children of limited English-speaking ability, (ii) the relative need of persons in different geographic areas within the State for the kinds of services and activities described in subsection (a), (iii) with respect to grants <page identifier="/us/stat/88/507">88 <inline class="smallCaps">Stat</inline>. 507</page>to carry out programs described in clauses (1) and (2) of subsection (a) of section 721, the relative ability of particular local educational agencies within the State to provide such services and activities, and (iv) with respect to such grants, the relative numbers of persons from low-income families sought to be benefitted by such programs;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">in the case of applications from local educational agencies to carry out programs of bilingual education under clause (1) of subsection (a) of section 721, the {Commissioner determines that not less than 15 per centum of the amounts paid to the applicant for the purposes of such programs shall be expended for auxiliary and supplementary training programs in accordance with the provisions of clause (3)(B) of such subsection and section 723;<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 508.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">the Commissioner determines (i) that the program will use the most qualified available personnel and the best resources and will substantially increase the educational opportunities for children of limited English-speaking ability in the area to be served by the applicant, and (ii) that, to the extent consistent with the number of children enrolled in nonprofit, nonpublic schools in the area to be served whose educational needs are of the type which the program is intended to meet, provision has been made for participation of such children; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Commissioner.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Upon an application from a State educational agency, the Commissioner shall make provision for the submission and approval of a State program for the coordination by such State agency of technical assistance to programs of bilingual education in such State assisted under this title. Such State program shall contain such provisions, agreements, and assurances as the Commissioner shall, by regulation, determine necessary and proper to achieve the purposes of this title, including assurances that funds made available under this section for any fiscal year will be so used as to supplement, and to the extent practical, increase the level of funds that would, in the absence of such funds be made available by the State for the purposes described in this section, and in no case to supplant such funds.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">Except as is provided in the second sentence, of this subparagraph, the Commissioner shall pay from the amounts authorized for these, purposes pursuant to section 702 for each fiscal year to each State<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 503.</p></sidenote> educational agency which has a State program submitted and approved under subparagraph (A) such sums as may be necessary for the pipper and efficient conduct of such State program. The amount paid by the Commissioner to any State educational agency under the preceding sentence for any fiscal year shall not exceed 5 per centum of the aggregate of the amounts paid under this part to local educational agencies in the State of such State educational agency in the fiscal year preceding the fiscal year in which this limitation applies.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">In determining the distribution of funds under this title, the Commissioner shall give priority to areas having the greatest need for programs assisted under this title.</content> </subsection> </section> <section> <heading class="smallCaps centered">“indian children in schools</heading> <num value="722">“<inline class="smallCaps">Sec</inline>. 722. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the purpose of carrying out programs under this<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–8">20 USC 880b–8</ref>.</p></sidenote> part for individuals served by elementary and secondary schools operated predominantly for Indian children, a nonprofit institution or organization of the Indian tribe concerned which operates any <page identifier="/us/stat/88/508">88 <inline class="smallCaps">Stat</inline>. 508</page>such school and which is approved by the Commissioner for the purposes of this section may be considered to be a local educational agency as such term is used in this title.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Payments.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 503.</p></sidenote>“(b) </num> <content class="inline">From the sums appropriated pursuant to section 702(b), the Commissioner is authorized to make payments to the Secretary of the Interior to carry out programs of bilingual education for children on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. The terms upon which payments for such purpose may be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the policy of section 702(a).</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Annual report to Congress and President.</p></sidenote>“(c) </num> <content class="inline">The Secretary of the Interior shall prepare and, not later than November 1 of each year, shall submit to the Congress and the President an annual report detailing a review and evaluation of the use, during the preceding fiscal year, of all funds paid to him by the Commissioner under subsection (b) of this section, including complete fiscal reports, a description of the personnel and information paid for in whole or in part with such funds, the allocation of such funds, and the status of all programs funded from such payments. Nothing in this subsection shall be construed to relieve the Director of any authority or obligation under this part.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Assessment of needs of Indian children, submittal to Congress and President.</p></sidenote>“(d) </num> <content class="inline">The Secretary of the Interior shall, together with the information required in the preceding subsection, submit to the Congress and the President, an assessment of the needs of Indian children with respect to the purposes of this title in schools operated or funded by the Department of the Interior, including those State educational agencies and local educational agencies receiving assistance under the Johnson-O’Malley Act (25 U.S.C. 452 et seq.) and an assessment of the extent to which such needs are being met by funds provided to such schools for educational purposes through the Secretary of the Interior.</content> </subsection> </section> <section> <heading class="smallCaps centered">“training</heading> <num value="723">“<inline class="smallCaps">Sec</inline>. 723. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–9">20 USC 880b–9</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 506.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In carrying out the provisions of clauses (1) and (3) of subsection (a) of section 721, with respect to training, the Commissioner shall, through grants to, and contracts with, eligible applicants, as defined in subsection (b), provide for—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">training, carried out in coordination with any other programs training auxiliary educational personnel, designed (I) to prepare personnel to participate in, or for personnel participating in, the conduct of programs of bilingual education, including programs emphasizing opportunities for career development, advancement, and lateral mobility, (II) to train teachers, administrators, paraprofessionals, teacher aides, and parents, and (III) to train persons to teach and counsel such persons, and (ii) special training programs designed (I) to meet individual needs, and (II) to encourage reform, innovation, and improvement in applicable education curricula in graduate education, in the structure of the academic profession, and in recruitment and retention of higher education and graduate school facilities, as related to bilingual education; and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the operation of short-term training institutes designed to improve the skills of participants in programs of bilingual education in order to facilitate their effectiveness in carrying out responsibilities in connection with such programs.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Fellowships.</p></sidenote>“(2) </num> <content class="inline">In addition the Commissioner is authorized to award fellowships for study in the field of training teachers for bilingual edu-<page identifier="/us/stat/88/509">88 <inline class="smallCaps">Stat</inline>. 509</page>cation. For the fiscal year ending June 30, 1975, not less than 100 fellowships leading to a graduate degree shall be awarded under the preceding sentence for preparing individuals to train teachers for programs of bilingual education. Such fellowships shall be awarded in proportion to the need for teachers of various groups of individuals with limited English-speaking ability. For each fiscal year after June<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> 30, 1975, and prior to July 1, 1978, the Commissioner shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate on the number of fellowships in the field of training teachers for bilingual education which he recommends will be necessary for that fiscal year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Commissioner shall include in the terms of any arrangement<sidenote><p class="firstIndent1 fontsize8">Stipends.</p></sidenote> described in paragraphs (1) and (2) of subsection (a) of this section provisions for the payment, to persons participating in training programs so described, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">In making grants or contracts under this section, the Commissioner shall give priority to eligible applicants with demonstrated competence and experience in the field of bilingual education. Funds provided under grants or contracts for training activities described in this section to or with a State educational agency, separately or jointly, shall in no event exceed in the aggregate in any fiscal year 15 per centum of the total amount of funds obligated for training activities pursuant to clauses (1) and (3) of subsection (a) of section 721 in such year.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 506.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">An application for a grant or contract for preservice or inservice training activities described in clause (A)(i)(I) and clause (A)(ii)(I) and in subsection (a)(1)(B) of this section shall be considered an application for a program of bilingual education for the purposes of subsection (a)(4)(E) of section 703.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 504.</p></sidenote></content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">For the purposes of this section, the term ‘eligible applicants’<sidenote><p class="firstIndent1 fontsize8">“Eligible applicants.”</p></sidenote> means—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">institutions of higher education (including junior colleges and community colleges) which apply, after consultation with, or jointly with, one or more local educational agencies;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">local educational agencies; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">State educational agencies.</content> </paragraph> </subsection> </section> </part> <part> <num value="B">“<inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Administration</inline></heading> <section> <heading class="smallCaps centered">“office of bilingual, education</heading> <num value="731">“<inline class="smallCaps">Sec</inline>. 731. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There shall be, in the Office of Education, an Office of<sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–10">20 USC 880b–10</ref>.</p></sidenote> Bilingual Education (hereafter in this section referred to as the ‘Office’) through which the Commissioner shall carry out his functions relating to bilingual education.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Office shall be headed by a Director of Bilingual Education, appointed by the Commissioner, to whom the Commissioner shall delegate all of his delegable functions relating to bilingual education.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Office shall be organized as the Director determines to be appropriate in order to enable him to carry out his functions and responsibilities effectively.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">The Commissioner, in consultation with the Council, shall prepare<sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p></sidenote> and, not later than November 1 of 1975, and of 1977, shall submit to the Congress and the President a report on the condition of bilingual education in the Nation and the administration and operation of this <page identifier="/us/stat/88/510">88 <inline class="smallCaps">Stat</inline>. 510</page>title and of other programs for persons of limited English-speaking <sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote>ability. Such report shall include—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">a national assessment of the educational needs of children and other persons with limited English-speaking ability and of the extent to which such needs are being met from Federal, State, and local efforts, including (A) not later than July 1, 1977, the results of a survey of the number of such children and persons in the States, and (B) a plan, including cost estimates, to be carried out during the five-year period beginning on such date, for extending programs of bilingual education and bilingual vocational and adult education programs to all such preschool and elementary school children and other persons of limited English-speaking ability, including a phased plan for the training of the necessary teachers and other educational personnel necessary for such purpose;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">a report on and an evaluation of the activities carried out under this title during the preceding fiscal year and the extent to which each of such activities achieves the policy set forth in section 702 (a);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">a statement of the activities intended to be carried out during the succeeding period, including an estimate of the cost of such activities;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">an assessment of the number of teachers and other educational personnel needed to carry out programs of bilingual education under this title and those carried out under other programs for persons of limited English-speaking ability and a statement describing the activities carried out thereunder designed to prepare teachers and other educational personnel for such programs, and the number of other educational personnel needed to carry out programs of bilingual education in the States and a statement describing the activities carried out under this title designed to prepare teachers and other educational personnel for such programs; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">a description of the personnel, the functions of such personnel, and information available at the regional offices of the Department of Health, Education, and Welfare dealing with bilingual programs within that region.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“national advisory council on bilingual education</heading> <num value="732">“<inline class="smallCaps">Sec</inline>. 732. </num><sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–11">20 USC 880b–11</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 575.</p><p class="firstIndent1 fontsize8">Membership.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Subject to part D of the General Education Provisions Act, there shall be a National Advisory Council on Bilingual Education composed of fifteen members appointed by the Secretary, one of whom he shall designate as Chairman. At least eight of the members of the Council shall be persons experienced in dealing with the educational problems of children and other persons who are of limited English-speaking ability, at least one of whom shall be representative of persons serving on boards of education operating programs of bilingual education. At least three members shall be experienced in the training of teachers in programs of bilingual education. At least two members shall be persons with general experience in the field of elementary and secondary education. At least two members shall be classroom teachers of demonstrated teaching abilities using bilingual methods and techniques. The members of the Council shall be appointed in such a way as to be generally representative of the significant segments of the population of persons of limited English-speaking ability and the geographic areas in which they reside.</content> </subsection> <page identifier="/us/stat/88/511">88 <inline class="smallCaps">Stat</inline>. 511</page> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Council shall meet at the call of the Chairman, but, notwithstanding the provisions of section 44(a) of the General Education Provisions Act, not less often than four times in each year.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233e">20 USC 1233e</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Council shall advise the Commissioner in the preparation<sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote> of general regulations and with respect to policy matters arising in the administration and operation of this title, including the development of criteria for approval of applications, and plans under this title, and the administration and operation of other programs for persons of limited English-speaking ability. The Council shall prepare and, not later than November 1 of each year, submit a report to the Congress and the President on the condition of bilingual education in<sidenote><p class="firstIndent1 fontsize8">Report to Congress and President.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 509.</p></sidenote> the Nation and on the administration and operation of this title, including those items specified in section 731(c), and the administration and operation of other programs for persons of limited English-speaking ability.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">The Commissioner shall procure temporary and intermittent<sidenote><p class="firstIndent1 fontsize8">Personnel procurement.</p></sidenote> services of such personnel as are necessary for the conduct of the functions of the Council, in accordance with section 445, of the General Education Provisions Act, and shall make available to the Council<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233d">20 USC 1233d</ref>.</p></sidenote> such staff, information, and other assistance as it may require to carry out its activities effectively.</content> </subsection> </section> </part> <part> <num value="C">“<inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Supportive Services and Activities</inline></heading> <section> <heading class="smallCaps centered">“administration</heading> <num value="741">“<inline class="smallCaps">Sec</inline>. 741. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The provisions of this part shall be administered by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–12">20 USC 880b–12</ref>.</p></sidenote> the Assistant Secretary, in consultation with—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the Commissioner, through the Office of Bilingual Education; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the Director of the National Institute of Education, notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1225">20 USC 1225</ref>.</p></sidenote></content> </paragraph> <continuation class="fontsize10">in accordance with regulations.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Assistant Secretary shall, in accordance with clauses (1)<sidenote><p class="firstIndent1 fontsize8">Regulations.</p></sidenote> and (2) of subsection (a), develop and promulgate regulations for this part and then delegate his functions under this part, as may be appropriate under the terms of section 742.<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </subsection> </section> <section> <heading class="smallCaps centered">“research and demonstration projects</heading> <num value="742">“<inline class="smallCaps">Sec</inline>. 742. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The National Institute of Education shall, in accordance<sidenote><p class="firstIndent1 fontsize8">Bilingual education research.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–13">20 USC 880b–13</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e</ref>.</p></sidenote> with the provisions of section 405 of the General Education Provisions Act, carry out a program of research in the field of bilingual education in order to enhance the effectiveness of bilingual education programs carried out under this title and other programs for persons of limited English-speaking ability.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">In order to test the effectiveness of research findings by the<sidenote><p class="firstIndent1 fontsize8">Competitive contracts.</p></sidenote> National Institute of Education and to demonstrate new or innovative practices, techniques, and methods for use in such bilingual education programs, the Director and the Commissioner are authorized to make competitive contracts with public and private educational agencies, institutions, and organizations for such purpose.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">In carrying out their responsibilities under this section, the Commissioner and the Director shall, through competitive contracts with appropriate public and private agencies, institutions, and organizations—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">undertake studies to determine the basic educational needs and language acquisition characteristics of, and the most effective <page identifier="/us/stat/88/512">88 <inline class="smallCaps">Stat</inline>. 512</page>conditions for, educating children of limited English-speaking ability;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">develop and disseminate instructional materials and equipment suitable for use in bilingual education programs; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">establish and operate a national clearinghouse of information for bilingual education, which shall collect, analyze, and disseminate information about bilingual education and such bilingual education and related programs.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">In carrying out their responsibilities under this section, the Commissioner and the Director snail provide for periodic consultation with representatives of State and local educational agencies and appropriate groups and organizations involved in bilingual education.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote>“(e) </num> <content class="inline">There is authorized to be appropriated for each fiscal year prior to July 1, 1978. $5,000,000 to carry out the provisions of this section.”.</content> </subsection> </section> </part>

Effective date.

20 USC 880b note.

(2) (A) The amendment made by this subsection shall be effective upon the date of enactment of this Act, except that the provisions of part A of title VII of the Elementary and Secondary Education Act

Ante, p. 504.

of 1965 (as amended by subsection (a) of this section) shall become effective on July 1, 1975, and the provisions of title VII of the Elementary

20 USC 880b.

and Secondary Education Act of 1965 in effect immediately prior to the date of enactment of this Act shall remain in effect through June 30, 1975, to the extent not inconsistent with the amendment made by this section.

20 USC 880b–11 note.

Ante, p. 510.

“Other programs for persons of limited English-speaking ability.”

Ante, p. 504.

(B) The National Advisory Council on Bilingual Education, for which provision is made in section 732 of such Act, shall be appointed within ninety days after the enactment of this Act. (b) Section 703(a) of title VII of such Act is amended by adding at the end thereof the following: “(8) The term ‘other programs for persons of limited English-speaking ability’ when used in sections 731 and 732 means the program

20 USC 1607.

authorized by section 708(c) of the Emergency School Aid Act and the programs carried out in coordination with the provisions of this title

Post, p. 578.

Post, p. 607.

pursuant to section 122(a)(4)(C) and part J of the Vocational Education Act of 1963, and section 306(a)(11) of the Adult Education Act, and programs and projects serving areas with high concentrations of persons of limited English-speaking ability pursuant to section 6

Post, p. 609.

(b)(4) of the Library’ Services and Construction Act.”.
statute of limitations Sec. 106. Title VIII of the Elementary and Secondary Education

20 USC 881.

Act of 1965 is amended by inserting after section 803 the following new section:
“statute of limitations on refund of payments “Sec. 804.

20 USC 884.

 No State or local educational agency shall be liable to refund any payment made to such agency under this Act (including

Ante, p. 488.

title I of this Act) which was subsequently determined to be unauthorized by law, if such payment was made more than five years before, such agency received final written notice that such payment was unauthorized.”.
dropout prevention projects Sec. 107.

20 USC 887.

 (a) Section 807(c) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: “, and each of the five succeeding fiscal 88 Stat. 513years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV”. (b) The amendments made by this section shall be effective on and

Effective date.

20 USC 887 note.

 after July 1, 1973.
school nutrition and health services Sec. 108. (a) Section 808(d) of the Elementary and Secondary

20 USC 887a.

 Education Act of 1965 is amended by inserting before the period at the end thereof the following: “, and each or the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV”. (b) The amendments made by this section shall be effective on and

Effective date.

20 USC 887a note.

 after July 1, 1973.
correction education services Sec. 109. (a) Section 809 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following

20 USC 887b.

 new subsection: “(c) For the purpose of carrying out this section, there is authorized to be appropriated $500,000 for the fiscal year ending June 30, 1974, and for the succeeding fiscal year.” (c) The amendments made by this section shall be effective on and

Effective date.

20 USC 887b note.

 after July 1, 1974.
open meetings of educational, agencies Sec. 110. Title VIII of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new section:
“open meetings of educational agencies “Sec. 812. No application for assistance under this Act may be considered

20 USC 887e.

 unless the local educational agency making such application certifies to the Commissioner that members of the public nave been afforded the opportunity upon reasonable notice to testify or otherwise comment regarding the subject matter of the application. The Commissioner is authorized and directed to establish such regulations as necessary to implement this section.”
ethnic heritage studies centers Sec. 111. (a) (1) Section 907 of the Elementary and Secondary Education Act of 1965 is amended by striking out “the fiscal year ending

20 USC 900a–5.

 June 30, 1973” and inserting in lieu thereof “each of the fiscal years ending prior to July 1, 1978”. (2) The amendments made by this subsection shall be effective on

Effective date.

20 USC 900a–5 note.

 and after July 1, 1973. (b) Section 903 of such Act is amended by—

20 USC 900a–1.

 (1) striking out “elementary and secondary schools and institutions of higher education” in clause (1) of such section, and inserting in lieu thereof “elementary or secondary schools or institutions of higher education”; (2) striking out “elementary and secondary schools and institutions of higher education” in clause (2) of such section and inserting in lieu thereof “elementary or secondary schools or institutions of higher education”; 88 Stat. 514

20 USC 900a–1.

(3) inserting the word “or” after clause (1) of such section; and (4) inserting the word “or” at the end of clause (2) of such section.
<num value="II">TITLE II—</num><sidenote><p class="firstIndent1 fontsize8">Equal Educational Opportunities Act of 1974.</p></sidenote> <heading class="inline">EQUAL EDUCATIONAL OPPORTUNITIES AND THE TRANSPORTATION OF STUDENTS</heading> <section> <heading class="smallCaps centered">short title</heading> <num value="201"><inline class="smallCaps">Sec</inline>. 201. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1701">20 USC 1701 note</ref>.</p></sidenote> <content class="inline">This title may be cited as the “<shortTitle role="title">Equal Educational Opportunities Act of 1974</shortTitle>”.</content> </section> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Equal Educational Opportunities</inline></heading> <subpart> <num value="1">Subpart 1—</num> <heading class="inline">Policy and Purpose</heading> <section> <heading class="smallCaps centered">declaration of policy</heading> <num value="202"><inline class="smallCaps">Sec</inline>. 202. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1701">20 USC 1701</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress declares it to be the policy of the United States that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">all children enrolled in public schools are entitled to equal educational opportunity without regard to race, color, sex, or national origin; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the neighborhood is the appropriate basis for determining public school assignments.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In order to carry out this policy, it is the purpose of this part to specify appropriate remedies for the orderly removal of the vestiges of the dual school system.</content> </subsection> </section> <section> <heading class="smallCaps centered">findings</heading> <num value="203"><inline class="smallCaps">Sec</inline>. 203. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1702">20 USC 1702</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress finds that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the maintenance of dual school systems in which students are assigned to schools solely on the basis of race, color, sex, or national origin denies to those students the equal protection of the laws guaranteed by the fourteenth amendment;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">for the purpose of abolishing dual school systems and eliminating the vestiges thereof, many local educational agencies have been required to reorganize their school systems, to reassign students, and to engage in the extensive transportation of students:</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the implementation of desegregation plans that require extensive student transportation has, in many cases, required local educational agencies to expend large amount of funds, thereby depleting their financial resources available for the maintenance or improvement of the quality of educational facilities and instruction provided;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">transportation of students which creates serious risks to their health and safety, disrupts the educational process carried out with respect to such students, and impinges significantly on their educational opportunity, is excessive;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the risks and harms created by excessive transportation are particularly great for children enrolled in the first six grades; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">the guidelines provided by the courts for fashioning remedies to dismantle dual school systems have been, as the Supreme Court of the United States has said, “incomplete and imperfect,” and have not established, a clear, rational, and uniform standard for determining the extent to which a local educational agency is required to reassign and transport its students in order to eliminate the vestiges of a dual school system.</content> </paragraph> </subsection> <page identifier="/us/stat/88/515">88 <inline class="smallCaps">Stat</inline>. 515</page> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">For the foregoing reasons, it is necessary and proper that the Congress, pursuant to the powers granted to it by the Constitution of the United States, specify appropriate remedies for the elimination<sidenote><p class="firstIndent1 fontsize8">USC prec. title 1.</p></sidenote> of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States.</content> </subsection> </section> </subpart> <subpart> <num value="2">Subpart 2—</num> <heading class="inline">Unlawful Practices</heading> <section> <heading class="smallCaps centered">denial of equal educational opportunity prohibited</heading> <num value="204"><inline class="smallCaps">Sec</inline>. 204. </num> <chapeau class="inline">No State shall deny equal educational opportunity to an<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1703">20 USC 1703</ref>.</p></sidenote> individual on account of his or her race, color, sex, or national origin, by—</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">the deliberate segregation by an educational agency of students on the basis of race, color, or national origin among or within schools;</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">the failure of an educational agency which has formerly practiced such deliberate segregation to take affirmative steps, consistent with subpart 4 of this title, to remove the vestiges of a dual school system;</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">the assignment by an educational agency of a student to a school, other than the one closest to his or her place of residence within the school district in which he or she resides, if the assignment results in a greater degree of segregation of students on the basis of race, color, sex, or national origin among the schools of such agency than would result if such student were assigned to the school closest to his or her place of residence within the school district of such agency providing the appropriate grade level and type of education for such student;</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">discrimination by an educational agency on the basis of race, color, or national origin in the employment, employment conditions, or assignment to schools of its faculty or staff, except to fulfill the purposes of subsection (f) below;</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">the transfer by an educational agency, ‘whether voluntary or otherwise, of a student from one school to another if the purpose and effect of such transfer is to increase segregation of students on the basis of race, color, or national origin among the schools of such agency; or</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">the failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs.</content> </subsection> </section> <section> <heading class="smallCaps centered">balance not required</heading> <num value="205"><inline class="smallCaps">Sec</inline>. 205. </num> <content class="inline">The failure of an educational agency to attain a balance,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1704">20 USC 1704</ref>.</p></sidenote> on the basis of race, color, sex, or national origin, of students among its schools shall not constitute a denial of equal educational opportunity, or equal protection of the laws.</content> </section> <section> <heading class="smallCaps centered">assignment on neighborhood basis not a dental of equal educational opportunity</heading> <num value="206"><inline class="smallCaps">Sec</inline>. 206. </num> <content class="inline">Subject to the other provisions of this part, the assignment<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1705">20 USC 1705</ref>.</p></sidenote> by an educational agency of a student to the school nearest his place of residence which provides the appropriate grade level and type of education for such student is not a denial of equal educational opportunity or of equal protection of the laws unless such assignment is for <page identifier="/us/stat/88/516">88 <inline class="smallCaps">Stat</inline>. 516</page>the purpose of segregating students on the basis of race, color, sex, or national origin, or the school to which such student is assigned was located on its site for the purpose of segregating students on such basis.</content> </section> </subpart> <subpart> <num value="3">Subpart 3—</num> <heading class="inline">Enforcement</heading> <section> <heading class="smallCaps centered">civil actions</heading> <num value="207"><inline class="smallCaps">Sec</inline>. 207. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1706">20 USC 1706</ref>.</p></sidenote> <content class="inline">An individual denied an equal educational opportunity, as defined by this part may institute a civil action in an appropriate district court of the United States against such parties, and for such relief, as may be appropriate. The Attorney General of the United States (hereinafter in this title referred to as the “Attorney General”), for or in the name of the United States, may also institute such a civil action on behalf of such an individual.</content> </section> <section> <heading class="smallCaps centered">effect of certain population changes on certain actions</heading> <num value="208"><inline class="smallCaps">Sec</inline>. 208. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1707">20 USC 1707</ref>.</p></sidenote> <content class="inline">When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, such school population changes so occurring shall not, per se, constitute a cause for civil action for a new plan of desegregation or for modification of the court approved plan.</content> </section> <section> <heading class="smallCaps centered">jurisdiction of district courts</heading> <num value="209"><inline class="smallCaps">Sec</inline>. 209. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1708">20 USC 1708</ref>.</p></sidenote> <content class="inline">The appropriate district court of the United States shall have and exercise jurisdiction of proceedings instituted under section 207.</content> </section> <section> <heading class="smallCaps centered">intervention by attorney general</heading> <num value="210"><inline class="smallCaps">Sec</inline>. 210. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1709">20 USC 1709</ref>.</p></sidenote> <content class="inline">Whenever a civil action is instituted under section 207 by an individual, the Attorney General may intervene in such action upon timely application.</content> </section> <section> <heading class="smallCaps centered">suits by the attorney general</heading> <num value="211"><inline class="smallCaps">Sec</inline>. 211. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1710">20 USC 1710</ref>.</p></sidenote> <chapeau class="inline">The Attorney General shall not institute a civil action under section 207 before he—</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">gives to the appropriate educational agency notice of the condition or conditions which, in his judgment, constitute a violation of subpart 2 of this part; and</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">certifies to the appropriate district court of the United States that he is satisfied that such educational agency has not, within a reasonable time after such notice, undertaken appropriate remedial action.</content> </subsection> </section> </subpart> <subpart> <num value="4">Subpart 4—</num> <heading class="inline">Remedies</heading> <section> <heading class="smallCaps centered">formulating remedies; applicability</heading> <num value="213"><inline class="smallCaps">Sec</inline>. 213. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1712">20 USC 1712</ref>.</p></sidenote> <content class="inline">In formulating a remedy for a denial of equal educational opportunity or a denial of the equal protection of the laws, a court, department, or agency of the. United States shall seek or impose only such remedies as are essential to correct particular denials of equal educational opportunity or equal protection of the laws.</content> </section> <page identifier="/us/stat/88/517">88 <inline class="smallCaps">Stat</inline>. 517</page> <section> <heading class="smallCaps centered">priority of remedies</heading> <num value="214"><inline class="smallCaps">Sec</inline>. 214. </num> <chapeau class="inline">In formulating a remedy for a denial of equal educational<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1713">20 USC 1713</ref>.</p></sidenote> opportunity or a denial of the equal protection of the laws, which may involve directly or indirectly the transportation of students, a court, department, or agency of the United States shall consider and make specific findings on the efficacy in correcting such denial of the following remedies and shall require implementation of the first of the remedies set out below, or of the first combination thereof which would remedy such denial:</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account school capacities and natural physical barriers;</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account only school capacities;</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">permitting students to transfer from a school in which a majority of the students are of their race, color, or national origin to a school in which a minority of the students are of their race, color, or national origin;</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">the creation or revision of attendance zones or grade structures without requiring transportation beyond that described in section 215;</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">the construction of new schools or the closing of inferior schools;</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">the construction or establishment of magnet schools; or</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">the development and implementation of any other plan which is educationally sound and administratively feasible, subject to the provisions of sections 215 and 216 of this part.</content> </subsection> </section> <section> <heading class="smallCaps centered">transportation of students</heading> <num value="215"><inline class="smallCaps">Sec</inline>. 215. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">No court, department, or agency of the United States<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1714">20 USC 1714</ref>.</p></sidenote> shall, pursuant to section 214, order the implementation of a plan that would require the transportation of any student to a school other than the school closest or next closest to his place of residence which provides the appropriate grade level and type of education for such student.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">No court, department, or agency of the United States shall require directly or indirectly the transportation of any student if such transportation poses a risk to the health of such student or constitutes a significant impingement on the educational process with respect to such student..</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, no educational agency because of such shifts shall be required by any court, department, or agency of the United States to formulate, or implement any new desegregation plan, or modify or implement any modification of the court approved desegregation plan, which would require transportation of students to compensate wholly or in part for such shifts in school population so occurring.</content> </subsection> </section> <page identifier="/us/stat/88/518">88 <inline class="smallCaps">Stat</inline>. 518</page> <section> <heading class="smallCaps centered">district lines</heading> <num value="216"><inline class="smallCaps">Sec</inline>. 216. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1715">20 USC 1715</ref>.</p></sidenote> <content class="inline">In the formulation of remedies under section 213 or 214 of this part the lines drawn by a State, subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn for the purpose, and had the effect, of segregating children among public schools on the basis of race, color, sex, or national origin.</content> </section> <section> <heading class="smallCaps centered">voluntary adoption of remedies</heading> <num value="217"><inline class="smallCaps">Sec</inline>. 217. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1716">20 USC 1716</ref>.</p></sidenote> <content class="inline">Nothing in this part prohibits an educational agency from proposing, adopting, requiring, or implementing any plan of desegregation, otherwise lawful, that is at variance with the standards set out in this part nor shall any court, department, or agency of the United States be prohibited from approving implementation of a plan which goes beyond what can be required under this part, if such plan is voluntarily proposed by the appropriate educational agency.</content> </section> <section> <heading class="smallCaps centered">reopening proceedings</heading> <num value="218"><inline class="smallCaps">Sec</inline>. 218. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1717">20 USC 1717</ref>.</p></sidenote> <content class="inline">A parent or guardian of a child, or parents or guardians of children similarly situated, transported to a public school in accordance with a court order, or an educational agency subject to a court order or a desegregation plan under title VI of the Civil Rights <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000d">42 USC 2000d</ref>.</p></sidenote>Act of 1964 in effect on the date of the enactment of this part and intended to end segregation of students on the basis of race, color, or national origin, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process.</content> </section> <section> <heading class="smallCaps centered">limitation on orders</heading> <num value="219"><inline class="smallCaps">Sec</inline>. 219. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1718">20 USC 1718</ref>.</p></sidenote> <content class="inline">Any court order requiring, directly or indirectly, the transportation of students for the purpose of remedying a denial of the equal protection of the laws may, to the extent of such transportation, be terminated if the court finds the defendant educational agency has satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable, and will continue to be in compliance with the requirements thereof. The court of initial jurisdiction shall state in its order the basis for any decision to terminate an order pursuant to this section, and the termination of any order pursuant to this section shall be stayed pending a final appeal or, in the event no appeal is taken, until the time for any such appeal has expired. No additional order requiring such educational agency to transport students for such purpose shall be entered unless such agency is found not to have satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable.</content> </section> </subpart> <subpart> <num value="5">Subpart 5—</num> <heading class="inline">Definitions</heading> <section class="firstIndent1 fontsize10"> <num value="221"><inline class="smallCaps">Sec</inline>. 221. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1720">20 USC 1720</ref>.</p></sidenote> <chapeau class="inline">For the purposes of this part—</chapeau> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">The term “educational agency” means a local educational agency or a “State educational agency” as defined by section 801 (k) <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s881">20 USC 881</ref>.</p></sidenote>of the Elementary and Secondary Education Act of 1965.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The term “local educational agency” means a local educational agency as defined by section 801 (f) of the Elementary and Secondary Education Act of 1965.</content> </subsection> <page identifier="/us/stat/88/519">88 <inline class="smallCaps">Stat</inline>. 519</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The term “segregation” means the operation of a school system in which students are wholly or substantially separated among the schools of an educational agency on the basis of race, color, sex, or national origin or within a school on the basis of race, color, or national origin.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The term “desegregation” means desegregation as defined by section 401(b) of the Civil Rights Acts of 1964.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000c">42 USC 2000c</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">An educational agency shall be deemed to transport a student if any part of the cost of such student’s transportation is paid by such agency.</content> </subsection> </section> </subpart> <subpart> <num value="6">Subpart 6—</num> <heading class="inline">Miscellaneous Provisions</heading> <section> <heading class="smallCaps centered">repealer</heading> <num value="222"><inline class="smallCaps">Sec</inline>. 222. </num> <content class="inline">Section 709(a)(3) of the Emergency School Aid Act is<sidenote><p class="firstIndent1 fontsize8">Repeal.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1608">20 USC 1608</ref>.</p></sidenote> hereby repealed.</content> </section> <section> <heading class="smallCaps centered">separability of provisions</heading> <num value="223"><inline class="smallCaps">Sec</inline>. 223. </num> <content class="inline">If any provision of this part or of any amendment made<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1721">20 USC 1721</ref>.</p></sidenote> by this part, or the application of any such provision to any person or circumstance, is held invalid, the remainder of the provisions of this part and of the amendments made by this part and the application of such provision to other persons or circumstances shall not be affected thereby.</content> </section> </subpart> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Other Provisions Relating to the Assignment and Transportation of Students</inline></heading> <section> <heading class="smallCaps centered">prohibition against assignment or transportation of students to overcome racial imbalance</heading> <num value="251"><inline class="smallCaps">Sec</inline>. 251. </num> <content class="inline">No provision of this Act shall be construed to require the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1751">20 USC 1751</ref>.</p></sidenote> assignment or transportation of students or teachers in order to overcome racial imbalance.</content> </section> <section> <heading class="smallCaps centered">prohibition against use of appropriated funds for busing</heading> <num value="252"><inline class="smallCaps">Sec</inline>. 252. </num> <content class="inline">Part B of the General Education Provisions Act, as amended by title V of this Act, is amended by adding at the end<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 556.</p></sidenote> thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“prohibition against use of appropriated funds for busing</heading> <num value="420">“<inline class="smallCaps">Sec</inline>. 420. </num> <content class="inline">No funds appropriated for the purpose of carrying out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1228">20 USC 1228</ref>.</p></sidenote> any applicable program may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system, except for funds appropriated pursuant to title I of the Act of September 30, 1950 (P.L. 874, 81st Congress), but not including any portion of such funds<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote> as are attributable to children counted under subparagraph (C) of section 3(d)(2) or section 403(1)(C) of that Act.”<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 523.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote></content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">provision relating to court appeals</heading> <num value="253"><inline class="smallCaps">Sec</inline>. 253. </num> <content class="inline">Notwithstanding any other law or provision of law, in the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1752">20 USC 1752</ref>.</p></sidenote> case of any order on the part of any United States district court, which requires the transfer or transportation of any student or students from <page identifier="/us/stat/88/520">88 <inline class="smallCaps">Stat</inline>. 520</page>any school attendance area prescribed by competent State or local authority for the purposes of achieving a balance among students with respect to race, sex, religion, or socioeconomic status, tire effectiveness of such order shall be postponed until all appeals in connection with such order have been exhausted or, in the event no appeals are taken, until the time for such appeals has expired. This section shall expire at midnight on June 30, 1978.</content> </section> <section> <heading class="smallCaps centered">provision requiring that rules of evidence be uniform</heading> <num value="254"><inline class="smallCaps">Sec</inline>. 254. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1753">20 USC 1753</ref>.</p></sidenote> <content class="inline">The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States.</content> </section> <section> <heading class="smallCaps centered">application of proviso of section 407(a) of the civil rights act of 1004 to the entire united states</heading> <num value="255"><inline class="smallCaps">Sec</inline>. 255. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1754">20 USC 1754</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000c–6">42 USC 2000c–6</ref>.</p></sidenote> <content class="inline">The proviso of section 407(a) of the Civil Rights Act of 1964 providing in substance that no court or official of the United States shall be empowered to issue any older seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards shall apply to all public school pupils and to every public school system, public school and public school board, as defined by title IV, under all circumstances and conditions and at all times in every State, district, territory, Commonwealth, or possession of the United States, regardless of whether the residence of such public school pupils or the principal offices of such public school system, public school or public school board is situated in the northern, eastern, western, or southern part of the United States.</content> </section> <section> <heading class="smallCaps centered">additional priority of remedies</heading> <num value="256"><inline class="smallCaps">Sec</inline>. 256. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1755">20 USC 1755</ref>.</p></sidenote> <content class="inline">Notwithstanding any other provision of law, after June 30, 1974 no court of the United States shall order the implementation of any plan to remedy a finding of de jure, segregation which involves the transportation of students, unless the court first finds that all alternative remedies are inadequate.</content> </section> <section> <heading class="smallCaps centered">remedies with respect to school district lines</heading> <num value="257"><inline class="smallCaps">Sec</inline>. 257. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1756">20 USC 1756</ref>.</p></sidenote> <content class="inline">In the formulation of remedies under this title the lines drawn by a State subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn, or maintained or crossed for the purpose, and had the effect of segregating children among public schools on the basis of race, color, sex, or national origin, or where it is established that, as a result of discriminatory actions within the school districts, the lines have had the effect of segregating children among public schools on the basis of race, color, sex, or national origin.</content> </section> <section> <heading class="smallCaps centered">prohibition of forced busing during school year</heading> <num value="258"><inline class="smallCaps">Sec</inline>. 258. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1757">20 USC 1757</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Congress finds that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the forced transportation of elementary and secondary school students in implementation of the constitutional requirement for the desegregation of such schools is controversial and difficult under the best planning and administration; and</content> </paragraph> <page identifier="/us/stat/88/521">88 <inline class="smallCaps">Stat</inline>. 521</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the forced transportation of elementary and secondary school students after the commencement of an academic school year is educationally unsound and administratively inefficient, (b) Notwithstanding any other provisions of law, no order of a court, department, or agency of the United States, requiring the transportation of any student incident to the transfer of that student from one elementary or secondary school to another such school in a local educational agency pursuant to a plan requiring such transportation for the racial desegregation of any school in that agency, shall be effective until the beginning of an academic school year.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">For the purpose of this section, the term “academic school year”<sidenote><p class="firstIndent1 fontsize8">“Academic school year.”</p></sidenote> means, pursuant to regulations promulgated by the Commissioner, the customary beginning of classes for the school year at an elementary or secondary school of a local educational agency for a school year that occurs not more often than once in any twelve-month period.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The provisions of this section apply to any order which was not implemented at the beginning of the 1974–1975 academic year.</content> </subsection> </section> <section> <heading class="smallCaps centered">reasonable time for developing voluntary plan for desegregating schools</heading> <num value="259"><inline class="smallCaps">Sec</inline>. 259. </num> <content class="inline">Notwithstanding any other law or provision of law, no<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1758">20 USC 1758</ref>.</p></sidenote> court or officer of the United States shall enter, as a remedy for a denial of equal educational opportunity or a denial of equal protection of the laws, any order for enforcement of a plan of desegregation or modification of a court-approved plan, until such time as the local educational agency to be affected by such order has been provided notice of the details of the violation and given a reasonable opportunity to develop a voluntary remedial plan. Such time shall permit the local educational agency sufficient opportunity for community participation in the development of a remedial plan.</content> </section> </part> <num value="III">TITLE III—</num> <heading class="inline">FEDERAL IMPACT AID PROGRAMS</heading> <section> <heading class="smallCaps centered">duration of payments under public law 815, eighty-first congress</heading> <num value="301"><inline class="smallCaps">Sec</inline>. 301. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The first sentence of section 3 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s633">20 USC 633</ref>.</p></sidenote> by striking out “<quotedText>June 30, 1973</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1978</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 15(15) of such Act is amended by striking out “<quotedText>1968–1969</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s645">20 USC 645</ref>.</p></sidenote> and inserting in lieu thereof “<quotedText>1973–1974</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 16(a) of such Act is amended in clause (1)(A) thereof,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s646">20 USC 646</ref>.</p></sidenote> by striking out “<quotedText>July 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The amendments made by this section shall be effective on and<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s633">20 USC 633 note</ref>.</p></sidenote> after July 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments to public law 815, eighty-first congress</heading> <num value="302"><inline class="smallCaps">Sec</inline>. 302. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 5(a)(1) of such Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended by striking out<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s635">20 USC 635</ref>.</p></sidenote> “<quotedText>(A) who so resided with a parent employed on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district), or (B) who had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949),</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t37/s10">37 USC 101</ref></p></sidenote></content> </paragraph> <page identifier="/us/stat/88/522">88 <inline class="smallCaps">Stat</inline>. 522</page> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s635">20 USC 635</ref>.</p></sidenote>(2) </num> <content class="inline">Section 5(a)(2) of such Act is amended by striking out “<quotedText>residing on Federal property, or (B)</quotedText>” and by redesignating clause (C) as clause (B).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s646">20 USC 646</ref>.</p></sidenote>(b) </num> <content class="inline">Section 16(a) of such Act is amended by inserting before the last sentence thereof the following new sentence: “<quotedText>For the purpose of the preceding sentence, the phrase ‘cost of construction incident to the restoration or replacement of the school facilities‘ includes such additional amounts as the Commissioner may approve in order to assure that the facilities, as restored or replaced, will afford appropriate protection against personal injuries resulting from a disaster.</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">duration of payments under title i of public law 874, eighty-first congress except section 3 thereof</heading> <num value="303"><inline class="smallCaps">Sec</inline>. 303. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 2(a) of the Act of September 30, 1950 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237</ref>.</p></sidenote>(Public Law 874, Eighty-first Congress) is amended by striking out “<quotedText>July 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s239">20 USC 239</ref>.</p></sidenote>(2) </num> <content class="inline">Section 4(a) of such Act is amended, in that part thereof which precedes clause (1), by striking out “<quotedText>July 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241–1">20 USC 241–1</ref>.</p></sidenote>(3) </num> <chapeau class="inline">Section 7(a) of such Act is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">in clause (1)(A), by striking out “<quotedText>July 1, 1973,</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978,</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">in clause (1)(B), by inserting after “<quotedText>seriously damaged</quotedText>” the following: “<quotedText>prior to July 1, 1978</quotedText>”.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by this section shall be effective on and after July 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments to public law 874, eighty-first congress for fiscal year 1975</heading> <num value="304"><inline class="smallCaps">Sec</inline>. 304. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 3(b) of the Act of September 30, 1950 <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238</ref>.</p></sidenote>(Public Law 874, Eighty-first Congress) is amended by striking out “<quotedText>July 1, 1973</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1975</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238 note</ref>.</p></sidenote>(2) </num> <content class="inline">The amendments made by this subsection shall be effective on and after July 1, 1973.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote>“(f) </num> <content class="inline">Notwithstanding any other provision of title I of this Act (including the provisions of section 5(c)), a local educational agency with respect to which the number of children determined for any fiscal year under subsection (a) amounts to at least 25 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, shall receive an amount equal to 100 per centum of the amounts to which such agency would be otherwise entitled under subsection (a) of this section.”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s240">20 USC 240</ref>.</p></sidenote>(2) </num> <content class="inline">The amendment made by this subsection shall be effective on and after July 1, 1974.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 5(d)(2) of such Act is amended by striking out “<quotedText>No</quotedText>” and inserting in lieu thereof “<quotedText>Except as provided in paragraph (3), no</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 5(d) of such Act is further amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="3">“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Notwithstanding paragraph (2) of this subsection, if a State has in effect a program of State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State, <page identifier="/us/stat/88/523">88 <inline class="smallCaps">Stat</inline>. 523</page>payments under this title for any fiscal year may be taken into consideration by such State in determining the relative—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">financial resources available to local educational agencies in that State; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">financial need of such agencies for the provision of free public education for children served by such agency, provided that a State may consider as local resources funds received under this title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues.</content> </clause> <continuation class="fontsize10">Whenever a State educational agency or local educational agency will<sidenote><p class="firstIndent1 fontsize8">Notice and hearing.</p></sidenote> be adversely affected by any decision of the Commissioner pursuant to this subsection, such agency shall be afforded notice and an opportunity for a hearing prior to the implementation of such decision.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The terms ‘State aid’ and ‘equalize expenditures’ as used in this<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> subsection shall be defined by the Commissioner by regulation after consultation with State and local educational agencies affected provided that, the term ‘equalize expenditures’ shall not be construed in any manner adverse to a program of State aid for free public education which provides for taking into consideration the additional cost of providing free public education for particular groups or categories of pupils in meeting the special educational needs of such children as handicapped children, economically disadvantaged, those who need bilingual education, and gifted and talented children.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The amendments made by this subsection shall be effective for<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s240">20 USC 240 note</ref>.</p></sidenote> fiscal year 1975 only.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 403(1) of such Act is amended by adding at the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote> end thereof the following: “<quotedText>Real property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project.</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Clause (A) of section 5(c)(1) of such Act is amended by inserting<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s240">20 USC 240</ref>.</p></sidenote> after “<quotedText>Economic Opportunity Act of 1964</quotedText>” the following: “<quotedText>(other than any such property which is Federal property described in section 403(1)(A))</quotedText>”.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">amendments to sections 3, 5, and 7 of public law 874, eighty-first congress</heading> <num value="305"><inline class="smallCaps">Sec</inline>. 305. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 3 of the Act of September 30, 1950 (Public<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238</ref>.</p></sidenote> Law 874, Eighty-first Congress), is amendea to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“children residing on, or whose parents are employed on, federal property</heading> <level> <heading class="centered">“Children of Persons Who Reside and Work on Federal Property</heading> <num value="3">“<inline class="smallCaps">Sec</inline>. 3. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year, the Commissioner shall determine the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools, resided on Federal property and—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">did so with a parent employed on Federal property situated (A) in whole or in part in the county in which the school district of such agency is located, or (B) if not in such county, in whole or in part in the same State as the school district of such agency; or</content> </paragraph> <page identifier="/us/stat/88/524">88 <inline class="smallCaps">Stat</inline>. 524</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">had a parent who was on active duty in the uniformed services (as defined in section 101 of title 37, United States Code). In making a determination under clause (2) of the preceding sentence with respect to a local educational agency for any fiscal year, the Commissioner shall include the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such year, and who, while in attendance at such schools, resided on Indian lands, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote>as described in clause (A) of section 403 (1).</content> </paragraph> </subsection> </level> <level> <heading class="centered">“Children of Persons Who Reside or Work on Federal Property</heading> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1978, the Commissioner shall, in addition to any determination made with respect to such agency under subsection (a), determine the number of children (other than children with respect to whom a determination is made for such fiscal year under subsection (a)) who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year and who, while in attendance at such schools, either—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">resided on Federal property, or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">resided with a parent employed on Federal property situated (A) in whole or in part in the county in which the school district of such agency is located, or (B) if not in such county, in whole or in part in the same State as the school district of such agency,or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">had a parent who was on active duty in the uniformed services (as defined in section 101 of title 37, United States Code). For such purpose, with respect to a local educational agency, in the case of any fiscal year ending prior to July 1, 1978, the Commissioner shall also determine the number of children (other than children to whom subsection (a) or the preceding sentence applies) who were in average daily attendance at the schools of such agency and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools resided with a parent who was, at any time during the three-year period immediately preceding the beginning of the fiscal year for which the determination is made, a refugee who meets the requirements of clauses (A) and (B) of section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t22/s2601">22 USC 2601</ref>.</p></sidenote>2(b)(3) of the Migration and Refugee Assistance Act of 1962, except that the Commissioner shall not include in his determination under this sentence for any fiscal year any child with respect to whose education a payment was made under section 2(b)(4) of such Act.</content> </paragraph> </subsection> </level> <level> <heading class="centered">“Eligibility for Payments</heading> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Except as is provided in paragraph (2), no local educational agency shall be entitled to receive a payment for any fiscal year with respect to a number of children determined under subsection (a) and subsection (b), unless the number of children so determined with respect to such agency amounts to—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">at least four hundred such children; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">a number of such children which equals at least 3 per centum of the total number of children who were in average daily attendance, during such year, at the schools of such agency and for whom such agency provided free public education;</content> </subparagraph> <continuation class="fontsize10">whichever is the lesser.</continuation> </paragraph> <page identifier="/us/stat/88/525">88 <inline class="smallCaps">Stat</inline>. 525</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">Clause (B) of paragraph (1) shall not operate to make any local educational agency eligible, for a payment under this section for any fiscal year unless the number of children with respect to whom determination was made under subsections (a) and (b) respecting such agency for that fiscal year is at least ten.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">If a local educational agency is eligible for a payment for any fiscal year by the operation of clause (B) of paragraph (1), it shall continue to be so eligible for the two succeeding fiscal years even if such agency fails to meet the requirement of such clause (B) during such succeeding fiscal years, except that the number of children determined for the second such succeeding fiscal year with respect to such agency for the purpose of any clause in paragraph (1) of subsection (d) shall not exceed 50 per centum of the number of children determined with respect to such agency for the purpose of that clause for the last fiscal year during which such agency was so eligible.</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <chapeau class="inline">If the Commissioner determines with respect to any local<sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> educational agency for any fiscal year that—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">such agency does not meet the requirement of clause (B) of paragraph (1); and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">the application of such requirement, because of exceptional circumstances, would defeat the purposes of this title; the Commissioner is authorized to waive such requirement with respect to such agency.</content> </subclause> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">No local educational agency shall be entitled to receive a payment for any fiscal year with respect to a number of children determined under the second sentence of subsection (b) unless the number of children so determined constitutes at least 20 per centum of the total number of children who were in average daily attendance at the schools of such agency and for whom such agency, during such fiscal year, provided free public education.</content> </subparagraph> </paragraph> </subsection> </level> <level> <heading class="centered">“Amount of Payments</heading> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Except as is provided in paragraph (2), the amount to which a local educational agency shall be entitled under this section for any fiscal year shall be—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">in the case of any local educational agency with respect to which the number of children determined for such fiscal year under subsection (a) amounts to at least 25 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, an amount equal to 100 per centum of the local contribution rate multiplied by the number of children determined under such subsection plus the sum of the products obtained with respect to such agency under clauses (B)(iii), (B)(iv).and (B)(v); and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">in any other case, an amount equal to the sum of—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the product obtained by multiplying 100 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (2) of subsection (a),</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the product obtained by multiplying 90 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (1) of subsection (a),</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">the product obtained by multiplying 50 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (3) of subsection (b),</content> </clause> <page identifier="/us/stat/88/526">88 <inline class="smallCaps">Stat</inline>. 526</page> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">the product obtained by multiplying 45 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clauses (1) and (2)(A) of subsection (b), and</content> </clause> <clause class="indent3 fontsize10"> <num value="v">“(v) </num> <content class="inline">the product obtained by multiplying 40 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (2)(B) of subsection (b).</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Not later than December 1 during each fiscal year beginning after June 30, 1977, the Commissioner shall, except as is provided in clause (iii) in the third sentence of this subparagraph, determine the total number of children with respect to whom determinations are made under subsection (b) for all local educational agencies making application for payments under this section which meet the eligibility requirements set forth in subsection (c). The Commissioner shall determine the percentage which such number constitutes of the total number of children who were in average daily attendance at the schools of such agencies during such fiscal year and for whom such agencies provided tree public education. In calculating the products under clauses (B)(iii), (B)(iv), and (B)(v) of paragraph (1), with respect to any local educational agency for any fiscal year, the Commissioner shall reduce the number of children with respect to whom a determination is made under subsection (b) by a number equal to one-half of the number which the percentage determined under the preceding sentence constitutes of the total number of children with respect to whom such a determination is made and who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, except that—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">such percentage shall not exceed 4 per centum;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the number reduced shall not exceed three hundred; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">this subparagraph shall not apply to any local educational agency (I) with respect to which the number of children determined under subsection (b) for any fiscal year amounts to at least. 10 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, or (II) during any fiscal year in which such agency receives more than 25 per centum of the funds for its current expenditures from payments under this section.</content> </clause> <continuation class="fontsize10">In determining the total number of children who were in average daily attendance at the schools of an agency during any fiscal year under clause (iii)(I) in the preceding sentence, the number of children in such schools with respect to whom a determination is made under subsection (a) for such year shall not be considered.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">If the Commissioner determines that—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the amount computed under paragraph (1), as is otherwise provided in this subsection with respect to any local educational agency for any fiscal year, together with the funds available to such agency from State and local sources and from other sections of this title, is less than the amount necessary to enable such agency to provide a level of education equivalent to that maintained in the school districts of the State which are generally comparable to the school district of such agency;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">such agency is making a reasonable tax effort and exercising due diligence in availing itself of State and other financial assistance;</content> </clause> <page identifier="/us/stat/88/527">88 <inline class="smallCaps">Stat</inline>. 527</page> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">not less than 50 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education were, during such fiscal year, determined under either subsection (a) or clause (1) of subsection (b), or both; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <chapeau class="inline">the eligibility of such agency under State law for State aid with respect to free public education of children residing on Federal property, and the amount of such aid, are determined on a basis no less favorable to such agency than the basis used in determining the eligibility of local educational agencies for State aid, and the amount thereof, with respect to the free public education of other children in the State;</chapeau> <continuation class="fontsize10">the Commissioner is authorized, to increase the amount computed under paragraph (1) with respect to such agency for such fiscal year to the extent necessary to enable such agency to provide a level of education equivalent to that maintained in such comparable school districts. The Commissioner shall not, under the preceding sentence, increase the amount computed under paragraph (1) with respect to any local educational agency for any fiscal year to an amount which exceeds the product of—</continuation> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">the amount the Commissioner determines to be the cost per pupil of providing a level of education maintained in such comparable school districts during such fiscal year, multiplied by—</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">the number of children determined with respect to such agency for such year under either subsection (a) or clause (1) of subsection (b), or both,</content> </subclause> </clause> <continuation class="fontsize10">minus the amount of State aid which the Commissioner determines to be available with respect to such children for the fiscal year for which the computation is being made.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">The amount of the entitlement of any local educational<sidenote><p class="firstIndent1 fontsize8">Special education programs entitlement.</p></sidenote> agency under this section for any fiscal year with respect to handicapped children and children with specific learning disabilities for whom a determination is made under subsection (a)(2) or (b)(3) and for whom such local educational agency is providing a program designed to meet the special educational and related needs of such children shall be the amount determined under paragraph (1) with respect to such children for such fiscal year multiplied by 150 per centum.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">For the purposes of division (i), programs designed to meet the special educational and related needs of such children shall be consistent with criteria established under division (iii).</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">The Commissioner shall by regulation establish criteria for<sidenote><p class="firstIndent1 fontsize8">Criteria.</p></sidenote> assuring that programs (including preschool programs) provided by local educational agencies for children with respect to whom this subparagraph applies are of sufficient size, scope, and quality (taking into consideration the special educational needs of such children) as to give reasonable promise of substantial progress toward meeting those needs, and in the implementation of such regulations the Commissioner shall consult with persons in charge of special education programs for handicapped children in the educational agency of the State in which such local educational agency is located.</content> </clause> <clause class="indent3 fontsize10"> <num value="iv">“(iv) </num> <content class="inline">For the purpose of this subparagraph the term ‘handicapped<sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote> children’ has the same meaning as specified in section 602(1) of the Education of the Handicapped Act and the term ‘children with specific<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1401">20 USC 1401</ref>.</p></sidenote> learning disabilities’ has the same meaning as specified in section 602(15) of such Act.</content> </clause> </subparagraph> <page identifier="/us/stat/88/528">88 <inline class="smallCaps">Stat</inline>. 528</page> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Local contribution rate.</p></sidenote>“(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Except as is provided ill subparagraph (B), in order to compute the local contribution rate for a local educational agency for any fiscal year, the Commissioner, after consulting with the State educational agency of the State in which the local educational agency is located and with the local educational agency, shall determine which school districts within such State are generally comparable to the school district of the local educational agency for which the computation <sidenote><p class="firstIndent1 fontsize8">Formula.</p></sidenote>is being made. The local contribution rate for such agency shall be the quotient of—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, which the local educational agencies of such comparable school districts derived from local sources,</content> </clause> <continuation class="fontsize10">divided by—</continuation> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the aggregate number of children in average daily attendance for whom such agency provided free public education during such second preceding fiscal year.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B)</num> <clause class="inline"> <num value="i">(i) </num> <chapeau class="inline">The local contribution rate for a local educational Agency in any State shall not be less than—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">50 per centum of the average per pupil expenditure in such State, or</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">50 per centum of such expenditures in all the States,</content> </subclause> <continuation class="fontsize10">whichever is greater, except that clause (II) shall not operate in such a manner as to make the local contribution rate for any local educational agency in any State exceed an amount equal to the average per pupil expenditure in such State.</continuation> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">If the current expenditures in those school districts which the Commissioner has determined to be generally comparable to the school district of the local educational agency for which a computation is made under subparagraph (A) are not reasonably comparable because of unusual geographical factors which affect the current expenditures necessary to maintain, in the school district of such agency, a level of education equivalent to that maintained in such other school districts, the Commissioner is authorized to increase the local contribution rate for such agency by such an amount which he determines will compensate such agency for the increase in current expenditures necessitated by such unusual geographical factors.</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <chapeau class="inline">The local contribution rate for any local educational agency in—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">Puerto Rico, Wake Island, Guam, American Samoa, or the Virgin Islands, or</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">any State in which a substantial proportion of the land is in unorganized territory, or</content> </subclause> <subclause class="indent4 fontsize10"> <num value="III">“(III) </num> <content class="inline">any State in which there is only one local education agency.</content> </subclause> </clause> <continuation class="fontsize10">shall be determined for any fiscal year by the Commissioner in accordance with policies and principles which will best achieve the purposes of this section and which are consistent with the policies and principles provided in this paragraph for determining local contribution rates in States where it is possible to determine generally comparable school districts.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C"><sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote>“(C) </num> <chapeau class="inline">For the purposes of this paragraph—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the term ‘State’ does not include Puerto Rico, Wake Island, Guam, American Samoa, or the Virgin Islands; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the ‘average per pupil expenditure’ in a State shall be (I) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made of all local educational agencies in the State, divided by (II) the <page identifier="/us/stat/88/529">88 <inline class="smallCaps">Stat</inline>. 529</page>aggregate number of children in average daily attendance for whom such agencies provide free public education during such second preceding fiscal year.</content> </clause> </subparagraph> </paragraph> </subsection> </level> <level> <heading class="centered">“Adjustments for Decreases in Federal Activities</heading> <subsection class="firstIndent1"> <num value="e">“(e) </num> <chapeau class="inline">Whenever the Commissioner determines that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">for any fiscal year, the number of children determined with respect to any local educational agency under subsections (a) and (b) is less than 90 per centum of the number so determined with respect to such agency during the preceding fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">there has been a decrease, or cessation of Federal activities within the State in which such agency is located; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">such decrease or cessation has resulted in a substantial decrease in the number of children determined under subsections (a) and (b) with respect to such agency for such fiscal year;</content> </paragraph> <continuation class="fontsize10">the amount to which such agency is entitled for such fiscal year and for any of the three succeeding fiscal years shall not be less than 90 per centum of the amount to which such agency was so entitled for the preceding fiscal year. That part of any entitlement of any local educational agency which is in excess of the amount which such entitlement would be without the operation of the preceding sentence shall be deemed to be attributable to determinations of children with respect to such agency under subsection (b)(2)(A).</continuation> </subsection> </level> <level> <heading class="centered">“Determinations on the Basis of Estimates</heading> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">Determinations with respect to a number of children by the Commissioner under this section for any fiscal year shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate, because of an underestimate, to deprive any local educational agency of its entitlement to any payment (or the amount thereof) under this section to which such agency would be entitled had such determination been made on the basis of accurate data.”.</content> </subsection> </level> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 5 of such Act is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s240">20 USC 240</ref>.</p></sidenote> <quotedContent> <level> <heading class="smallCaps centered">“payments</heading> <level> <heading class="centered">“Applications</heading> <section class="firstIndent1 fontsize10"> <num value="5">“<inline class="smallCaps">Sec</inline>. 5. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Any local educational agency desiring to receive the payments to which it is entitled for any fiscal year under sections 2, 3, or 4 shall submit an application therefor through the State educational<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p><p class="firstIndent1 fontsize8">20 USC 239.</p></sidenote> agency of the State in which such agency is located to the Commissioner. Such applications shall be submitted at such time, in such form, and containing such information as the Commissioner may reasonably require to enable him to carry out his functions under this title and shall give adequate assurance that the applicant, will submit such reports as the Commissioner may reasonably require to<sidenote><p class="firstIndent1 fontsize8">Reports.</p></sidenote> determine whether such agency is entitled to a payment under any of such sections and the amount of such payment.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Applications submitted under paragraph (1) for payments on the basis of children determined under section 3(a) or 3(B) who reside, or reside with a parent employed, on Indian lands shall set forth adequate assurance that Indian children will participate on an equitable oasis in the school program of the local educational agency.</content> </subparagraph> <page identifier="/us/stat/88/530">88 <inline class="smallCaps">Stat</inline>. 530</page> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">“Indian lands.”</p></sidenote>“(B) </num> <content class="inline">For the purposes of this paragraph, the term ‘Indian lands’ means that property included within the definition of Federal property <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote>under clause (A) of section 403(1).</content> </subparagraph> </paragraph> </subsection> <level> <heading class="centered">“Payments by the Commissioner</heading> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Commissioner shall pay to each local educational agency, making application pursuant to subsection (a), the amount to which <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s239">20 USC 239</ref>.</p></sidenote>it is entitled under sections 2, 3, or 4. Sums appropriated, for any fiscal year, to enable the Commissioner to make payments pursuant to this title shall, notwithstanding any other provision of law unless enacted in express limitation of this subsection, remain available for obligation and payments with respect to amounts due local educational agencies under this title for such fiscal year, until the end of the fiscal year succeeding the fiscal year for which such sums are appropriated.</content> </subsection> </level> <level> <heading class="centered">“Adjustments Where Necessitated by Appropriations</heading> <subsection class="firstIndent1"> <num value="c">“(c) </num> <chapeau class="inline">If the sums appropriated for any fiscal year for making payments on the basis of entitlements established under sections 2, 3, and 4 for that year are not sufficient to pay in full the total amounts which the Commissioner estimates all local educational agencies are entitled to receive under such sections for such year, the Commissioner shall allocate such sums among local educational agencies and make payments to such agencies as follows:</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">be shall first allocate to each local educational agency which is entitled to a payment under section 2 and section 3 an amount equal to 25 per centum of the amount to which it is entitled as computed under section 2 or section 3(d), as the case may be, for such fiscal year.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">From that part of such sums which remains after the allocation required by paragraph (1) for any fiscal year, he shall allocate an additional amount—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">to each local educational agency described in clause (A) of section 3(d)(1) which equals 75 per centum of the amount to which such agency is entitled, as computed under section 3(d) with respect to a determination of a number of children under section 3(a), for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">to each local educational agency with respect to which a number of children is determined under clause (2) of section 3(a) which equals 65 per centum of the amount to which such agency is entitled on the basis of determining such children as computed under section 3(d), for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">to each local educational agency with respect to which a number of children is determined under clause (1) of section 3(a) which equals 63 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">to each local educational agency with respect to which a number of children is determined under clause (3) of section 3(b) which equals 35 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">to each local educational agency with respect to which a number of children determined under clause (1) and clause (2)(A) of section 3(b) which equals 32 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d) for such fiscal year;</content> </subparagraph> <page identifier="/us/stat/88/531">88 <inline class="smallCaps">Stat</inline>. 531</page> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">to each local educational agency with respect to which a number of children is determined under clause (2)(B) of section 3(b) which equals 28 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">“(G) </num> <content class="inline">to each local educational agency with respect to the amount to which such agency is entitled under section 2 which equals 35 per centum of the amount to which such agency is entitled on the basis of computations made under section 2 for such fiscal year.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Any sums remaining after allocations are made pursuant to paragraph (2) for any fiscal year shall be allocated by the Commissioner among local educational agencies which have unsatisfied entitlements established under sections 2, 3, and 4 in proportion to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s237">20 USC 237</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s239">20 USC 239</ref>.</p></sidenote> the degree to which such entitlements are unsatisfied for that fiscal year, after allocations are made pursuant to paragraphs (1) and (2).</content> </paragraph> <continuation class="fontsize10">No allocation may be made pursuant to paragraph (2) or (3) and no<sidenote><p class="firstIndent1 fontsize8">Restrictions.</p></sidenote> payment may be paid on the basis of any such allocation unless allocations are made pursuant to paragraph (1) and payments are made on the basis of such allocations. No allocation may be made pursuant to any clause of paragraph (2) and no payment may be made on the basis of any such allocation unless allocations are made pursuant to all of the clauses of such paragraph and payments are made on the basis of such allocations.</continuation> </subsection> </level> <level> <heading class="centered">“Treatment of Payments by the States in Determining Eligibility for, and the Amount of, State Aid</heading> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Except as provided in paragraph (2), no payments may be made under this title for any fiscal year to any local educational agency in any State</chapeau> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">if that State has taken into consideration payments under this title in determining—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the eligibility of any local educational agency in that State for State aid for free public education of children; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">the amount of such aid with respect to any such agency; during that fiscal year or the preceding fiscal year, or (B) if such State makes such aid available to local educational agencies in such a manner as to result in less State aid to any local educational agency which is eligible for payments under this title than such agency would receive if such agency were not so eligible.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Notwithstanding paragraph (1) of this subsection, if a State has in effect a program of State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State, payments under this title for any fiscal year may be taken into consideration by such State in determining the relative—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">financial resources available to local educational agencies in that State; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">financial need of such agencies for the provision of free public education for children served by such agency, provided that, a State may consider as local resources funds received under this title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues.</content> </clause> <continuation class="fontsize10">Whenever a State educational agency or local educational agency will be adversely affected by the operation of this subsection, such agency <page identifier="/us/stat/88/532">88 <inline class="smallCaps">Stat</inline>. 532</page><sidenote><p class="firstIndent1 fontsize8">Notice and hearing opportunity.</p><p class="firstIndent1 fontsize8">Definitions.</p></sidenote>shall be afforded notice and an opportunity for a hearing prior to the reduction or termination of payments pursuant to this subsection.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The terms ‘State aid’ and ‘equalize expenditures’ as used in this subsection shall be defined by the Commissioner by regulation, after consultation with State and local educational agencies affected by this subsection, provided that the term ‘equalize expenditures’ shall not be construed in any manner adverse to a program of State aid for free public education which provides for taking into consideration the additional cost of providing free public education for particular groups or categories of pupils in meeting the special educational needs of such children as handicapped children, economically disadvantaged, those who need bilingual education, and gifted and talented children.</content> </subparagraph> </paragraph> </subsection> </level> <level> <heading class="centered">“Limitations on Payments with Respect to Children on, or Residing with a Parent Employed on, Federal Property Described in Section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote>403(1)(C)</heading> <subsection class="firstIndent1"> <num value="e">“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commissioner shall determine that part of the entitlement of each local educational agency, for each fiscal year ending prior to July 1, 1978, which is attributable to determinations under <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p></sidenote>subsections (a) and (b) of section 3 of the number of children who resided on, or resided with a parent employed on, property which is described in section 403(1)(C).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">No allocation or payment shall be made under paragraph (2) of subsection (c) with respect to that part of any entitlement of any local educational agency which is determined with respect to suck agency for such year under paragraph (1). The limitation in this paragraph shall not operate under the last two sentences of subsection (c) to prevent allocations and payments under such paragraph</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The amount of the payment to any local educational agency which is determined with respect to such agency under paragraph (1) shall be used for special programs and projects designed to meet the special educational needs of educationally deprived children from low income families.</content> </paragraph> </subsection> </level> <level> <heading class="centered">“Use of Funds Paid with Respect to Entitlements Increased Under Section 3(d)(2)(C)</heading> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">The amount of the payment to any local educational agency for any fiscal year which is attributable to a determination of children for increased payments under subparagraph (C) of section 3(d)(2) shall be used by such agency for special educational programs designed to meet the special educational needs of children with respect to whom such determination is made.”.</content> </subsection> </level> </section> </level> </level> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241–1">20 USC 241–1</ref>.</p></sidenote>(3) </num> <content class="inline">Section 7(c) of such Act is amended by striking out the second sentence thereof and inserting in lieu thereof the following: “<quotedContent>Pending such appropriation, the Commissioner is authorized to expend (without regard for subsections (a) and (e) of section 3679 of the Revised Statutes (31 U.S.C. 665)) from any funds appropriated to the Office of Education and at that time available to the Commissioner, such sums as may be necessary for providing immediate assistance under this section. Expenditures pursuant to the preceding sentence shall— <paragraph class="indent1 fontsize10"> <num value="1"><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>“(1) </num> <content class="inline">be reported by the Commissioner to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate within thirty days of the expenditure;</content> </paragraph> <page identifier="/us/stat/88/533">88 <inline class="smallCaps">Stat</inline>. 533</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">be reimbursed from the appropriations authorized by the first sentence of this subsection.</content> </paragraph> <continuation class="fontsize10">The report required to the Committees on Appropriations by clause<sidenote><p class="firstIndent1 fontsize8">Budget estimate.</p></sidenote> (1) in the preceding sentence shall constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)).”.</continuation> <continuation class="firstIndent1 fontsize10">The amendments made by paragraphs (1) and (2) of subsection (a)<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238 note</ref>.</p></sidenote> shall be effective on and with respect to appropriations for fiscal years beginning on and after July 1, 1975, and the amendments made by paragraph (3) of subsection (a) shall be effective upon enactment of this Act.</continuation> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2)</num> <subparagraph class="inline"> <num value="A">(A)</num> <clause class="inline"> <num value="i">(i) </num> <chapeau class="inline">Notwithstanding any other provision of law unless<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s238">20 USC 238 note</ref>.</p></sidenote> enacted in express limitation of this subparagraph—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">(I) </num> <content class="inline">in the case of any local educational agency which is entitled to a payment under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) for the fiscal year ending<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p></sidenote> June 30, 1973, which constituted an amount equal to not less than 10 per centum of the current expenditures of such agency for such fiscal year, the amount paid to such agency pursuant to such Act of September 30, 1950, for any fiscal year beginning<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote> after June 30, 1974, and ending prior to July 1, 1978, on the basis of the entitlement of that agency under such section 3, shall not Ire less than 90 per centum of the amount paid to such agency on the basis of such entitlement for the preceding fiscal year; and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">(II) </num> <content class="inline">in the case of any other local educational agency, the amount so paid during any fiscal year beginning after June 30, 1974, and ending prior to July 1, 1978, shall not be less than 80 per centum of the amount so paid for the preceding fiscal year.</content> </subclause> <continuation class="fontsize10">In the case of any local educational agency which is eligible prior to July 1, 1975, for a payment, under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) by reason of the 3 percentum requirement in clause (B) of section 3(c)(2) of such Act, as in effect prior to the effective date of the amendment made by paragraph (1) of subsection (a), but which fails to meet such requirement in any fiscal year ending prior to July 1, 1977, such agency shall continue to be eligible for a payment under such section 3 as then in effect for the two succeeding fiscal years, but the payment under such section during the second of such succeeding fiscal years shall not exceed 50 per centum of the amount of the payment such agency was entitled to receive during the most recent fiscal year in which it was so eligible by reason of such clause (B).</continuation> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <chapeau class="inline">Funds appropriated for any fiscal year for making payments to local educational agencies pursuant to the. Act of September 30, 1950 (Public. Law 874. Eighty-first Congress), which are increased by reason of the provisions of division (i) shall, to the extent of any such increase, be separate from funds appropriated for such fiscal year for payments pursuant to title I of such Act which are not so increased. If, for any fiscal year, a law making appropriations for payments pursuant to such title I is enacted and such law makes no express provision for payments increased by division (i)—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">(I) </num> <content class="inline">all funds so appropriated shall be allocated and paid in accordance with section 5 of such Act of September 30, 1950, and<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 529.</p></sidenote> without regard for the provisions of division (i); and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">(II) </num> <content class="inline">not later than fifteen days after the enactment of such<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> law, the Commissioner shall submit a report to the Committees on Appropriations and on Education and Labor of the House of Representatives and the Committees on Appropriations and <page identifier="/us/stat/88/534">88 <inline class="smallCaps">Stat</inline>. 534</page>Labor and Public Welfare of the Senate, which report shall contain a statement detailing the dollar amounts necessary to satisfy the requirements of division (i) and constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)).</content> </subclause> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Decreased enrollment.</p></sidenote>(B) </num> <chapeau class="inline">In the case of any local educational agency which experiences a decrease in the number of children determined by the Commissioner of Education under section 3 of the Act of September 30, 1950 (Public <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 523.</p></sidenote>Law 874, Eighty-first Congress) of 10 per centum or more of such number—</chapeau> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">during the fiscal year ending June 30, 1974, or the fiscal year ending June 30, 1975; or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">during the period beginning July 1, 1973, and ending June 30, 1975;</content> </clause> <continuation class="fontsize10">as the result of a decrease in, or cessation of. Federal activities affecting military installations in the United States announced after April 16, 1973, the amount of the payment to which such agency shall be entitled under title I of such Act, as computed under section 3 of such Act, for any fiscal year ending prior to July 1, 1978, shall not be less than 90 per centum of the amount to which the agency was so entitled <sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote>during the preceding fiscal year. The provisions of this subparagraph shall be effective on and after July 1, 1974, and with respect to appropriations for the fiscal year ending June 30, 1975, and succeeding fiscal years, and such provisions shall be deemed to have been enacted before the beginning of the fiscal year ending June 30, 1975. Nothing in this subparagraph shall be construed to decrease the amount of the payment to which any local educational agency is entitled for any fiscal year on the basis of entitlements created under section 3 of such Act of September 30, 1950.</continuation> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">During the first fiscal year in which the amendments made by subsection (a) are effective and each of the succeeding fiscal years ending prior to July 1, 1978, the Commissioner shall determine with respect to each local educational agency in any State the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools resided with a parent employed on Federal property in a State or in a county other than the State or county, as the case may be, in which the school district of such agency is located but which is situated within a reasonable commuting distance from the school district of such agency. If the number of children determined under the preceding sentence is equal to at least 10 per centum of the total number of children determined with respect to such agency for such fiscal year under section 3(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), the amount to which such agency shall be entitled with respect to a number of children determined under such section 3(b) for such fiscal year, shall not be less than 90 per centum of the amount which such agency received with respect to the number of children so determined during the preceding fiscal year, as computed under section 3 of such Act.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">The Commissioner shall determine for each fiscal year beginning after June 30, 1975, and ending prior to July 1, 1978, the amount which each local educational agency would be paid for that fiscal year under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) if the amount appropriated had been <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 529.</p></sidenote>allocated as provided in section 5(c) of such Act without regard for entitlements (or portions thereof) which are attributable to determinations under subsections (a) and (b) of such section of the number <page identifier="/us/stat/88/535">88 <inline class="smallCaps">Stat</inline>. 535</page>of children who resided on, or resided with a parent employed on, property which is part of a low-rent housing project described in section 403(1)(C). The Commissioner shall then determine the amount which<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s244">20 USC 244</ref>.</p></sidenote> each local educational agency is to be paid for that fiscal year under such section 3 and allocated in accordance with such section 5(c). If the amount determined with respect to any local educational agency tinder the first sentence of this division is greater than the amount determined with respect to the second sentence of this division, the Commissioner shall pay to that agency an amount equal to the difference between the amounts so determined.</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <chapeau class="inline">Funds appropriated for any fiscal year for making payments pursuant to the third sentence of division (i) shall be separate from funds appropriated for such fiscal year for making payments pursuant to section 5 of the Act of September 30, 1950 (Public Law 874, Eighty-first<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 529.</p></sidenote> Congress). If, for any fiscal year, a law making appropriations for payments pursuant to such section 5 is enacted, and such law makes no express provision for payments pursuant to such third sentence—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">(I) </num> <content class="inline">all funds so appropriated shall be allocated and paid in accordance with such section 5, without regard for such third sentence; and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">(II) </num> <content class="inline">not later than fifteen days after the enactment of such law,<sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote> the Commissioner shall submit a report to the Committees on Appropriations and on Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate, which report shall contain a statement detailing the dollar amounts necessary to make the payments required under such third sentence and shall, with respect to such dollar amounts, constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 11(a)(5)).</content> </subclause> </clause> </subparagraph> </paragraph> </subsection> </section> <num value="IV">TITLE IV—</num> <heading class="inline">CONSOLIDATION OF CERTAIN EDUCATION PROGRAMS</heading> <section> <heading class="smallCaps centered">consolidation of library and learning resources. educational innovation, and support programs</heading> <num value="401"><inline class="smallCaps">Sec</inline>. 401. </num> <content class="inline">Title IV of the Elementary and Secondary Education Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s331">20 USC 331</ref>.</p></sidenote> of 1965, is amended to read as follows: <quotedContent> <title> <num value="IV">“TITLE IV—</num> <heading class="inline">LIBRARIES, LEARNING RESOURCES, EDUCATIONAL INNOVATION. AND SUPPORT</heading> <part> <num value="A">“<inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="401">“<inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Subject to the provisions of paragraph (2), there<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1801">20 USC 1801</ref>.</p></sidenote> is authorized to be appropriated the sum of $395,000,000 for obligation by the Commissioner during the fiscal year ending June 30, 1976, and such sums as may be necessary for obligation by the Commissioner during each of the two succeeding fiscal years, for the purpose of making grants under part B (Libraries and Learning Resources) of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless—</chapeau> <page identifier="/us/stat/88/536">88 <inline class="smallCaps">Stat</inline>. 536</page> <subparagraph class="indent2 fontsize10"> <num value="A">“(A)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">aggregate amount which could be appropriated under this subsection is at least equal to the aggregate amount appropriated for obligation by the Commissioner during the preceding fiscal year in which part B was in effect, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">in the case of appropriations under this subsection for the first fiscal year in which part B is effective, such amount is at least equal to the aggregate amount appropriated for obligation by the Commissioner for the fiscal year ending June 30, 1974, or for the preceding fiscal year, whichever is higher, under title II and so much of title III as relates to testing, guidance, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821/s841">20 USC 821, 841</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441</ref>.</p></sidenote>counseling of this Act, and under title III (except for section 305) of the National Defense Education Act of 1958, and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Subject to the provisions of paragraph (2), there is authorized to be appropriated the sum of $350,000,000 for obligation by the Commissioner during the fiscal year ending June 30, 1976, and such sums as may be necessary for obligation by the Commissioner during each of the two succeeding fiscal years, for the purpose of making grants under part C (Educational Innovation and Support) of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">the aggregate amount which would be appropriated under this subsection is at least equal to the aggregate amount appropriated for obligation by the Commissioner during the preceding fiscal year in which part C was in effect, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">in the case of appropriations under this subsection for the first fiscal year in which part C is effective, such amount is at least equal to the aggregate amount appropriated for obligation by the Commissioner for fiscal year ending June 30, 1974, or for the preceding fiscal year, whichever is higher, under title III (except for programs of testing, guidance, and counseling), title V, and sections <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841/s861/s887/s887a">20 USC 841, 861 , 887, 887a</ref>.</p></sidenote>807 and 808 of this Act, and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">In the first fiscal year in which appropriations are made pursuant to part B, 50 per centum of the funds so appropriated shall be available to the States to carry out part B of this title. The remainder of such funds shall be available to the States and shall be allotted to the States, or to the Commissioner, as the case may be, in such year, pursuant to title II and so much of title III as relates to testing, guidance, and counseling under this Act, and under title III (except for section 305) of the National Defense. Education Act of 1958, for each such program in an amount which bears the same ratio to such remainder as the amount appropriated for each such program for the fiscal year ending June 30, 1974, or for the fiscal year preceding the fiscal year for which the determination is made, whichever is higher, bears to the aggregate of such appropriated amounts. The amounts made available under the second sentence of this paragraph shall be subject to the provisions of law governing each such program.</content> </paragraph> <page identifier="/us/stat/88/537">88 <inline class="smallCaps">Stat</inline>. 537</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In the first fiscal year in which appropriations are made pursuant to part C, 50 per centum of the funds so appropriated shall be<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 543.</p></sidenote> available to carry out part C of this title. The remainder of such funds shall be available to the States and shall be allotted to the States, or to the Commissioner, as the case may be, in such year, pursuant to title III (except for programs of testing, guidance, and counseling), title V, and sections 807 and 808 of this Act, for each such program in an<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841/s861/s887/s887a">20 USC 841, 861, 887, 887a</ref>.</p></sidenote> amount which bears the same ratio to such remainder as the amount appropriated for each such program for the fiscal year ending June 30, 1974, or for the fiscal year preceding the fiscal year for which the determination is made, whichever is higher, bears to the aggregate of such appropriated amounts. The amount, made available under the second sentence of this paragraph shall be subject to the provisions of law governing each such program.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">“allotment to the states</heading> <num value="402">“<inline class="smallCaps">Sec</inline>. 402. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is hereby authorized to be appropriated<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1802">20 USC 1802</ref>.</p></sidenote> for each fiscal year for the purposes of t his paragraph amounts equal to not more than 1 per centum of each of the amounts appropriated for such year under subsections (a) or (b), or both, of section 401. The<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 535.</p></sidenote> Commissioner shall allot each of the amounts appropriated pursuant to this paragraph among Guam. American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under part B or part C, or both, of this<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 542, 543.</p></sidenote> title. In addition, for each fiscal year he shall allot from each of such amounts to (A) the Secretary of the Interior the amounts necessary for the programs authorized by each such part for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amounts necessary for the programs authorized by each such part for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payment for such purposes shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">From the amounts appropriated to carry out part B or part C, or both, of this title for any fiscal year pursuant to subsections (a) and (b) of section 401, the Commissioner shall allot to each State from each such amount an amount which bears the same ratio to such amount as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States. For the purposes of this subsection, the term ‘State’ shall not include Guam, American<sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote> Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. The number of children aged five to seventeen, inclusive, in a State and in all the States shall he determined by the Commissioner on the basis of the most recent satisfactory data available to him.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The amount of any State’s allotment under subsection (a) for<sidenote><p class="firstIndent1 fontsize8">Reallotment.</p></sidenote> any fiscal year to carry out part B or C which the Commissioner determines will not be required for such fiscal year to carry out such part shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for that year but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States <page identifier="/us/stat/88/538">88 <inline class="smallCaps">Stat</inline>. 538</page>whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year from funds appropriated <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 535.</p></sidenote>pursuant to section 401 shall be deemed a part of its allotment under subsection (a) for such year.</content> </subsection> </section> <section> <heading class="smallCaps centered">“state plans</heading> <num value="403">“<inline class="smallCaps">Sec</inline>. 403. </num><sidenote><p class="firstIndent1 fontsize8">Advisory council.</p><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1803">20 USC 1803</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Any State which desires to receive grants under this title shall establish an advisory council as provided by subsection (b) and shall submit to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">designates the State educational agency as the State agency which shall, either directly or through arrangements with other State or local public agencies, act as the sole agency for the administration of the State plan;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">sets forth a program under which funds paid to the State <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 537.</p></sidenote>from its allotments under section 402 will be expended solely for the programs and purposes authorized by parts B and C of this <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542, 543.</p></sidenote>title, and for administration of the State plan;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">provides assurances that the requirements of section 406 (relating to the participation of pupils and teachers in non-public <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 541.</p></sidenote>elementary and secondary schools) will be met, or certifies that such requirements cannot legally be met in such State;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">provides assurances that (A) funds such agency receives from appropriations made under section 401(a) will be distributed among local educational agencies according to the enrollments in public and nonpublic schools within the school districts of such agencies, except that substantial funds will be provided to (i) local educational agencies whose tax effort for education is substantially greater than the State average tax effort for education, but whose per pupil expenditure (excluding payments <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote>made under title I of this Act) is no greater than the average per pupil expenditure in the State, and (ii) local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as children from low-income families, children living in sparsely populated areas, and children from families in which English is not the dominant language; and (B) funds such agency receives from appropriations made under section 401(b) will be distributed among local educational agencies on an equitable basis recognizing the competitive nature of the grantmaking except that the State educational agency shall provide assistance in formulating proposals and in operating programs to local educational agencies which are less able to compete due to small size or lack of local financial resources; and the State plan shall set forth the specific criteria the State educational agency has developed and will apply to meet the requirements of this paragraph;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">provides that each local educational agency will be given complete discretion (subject to the provisions of section 406) in determining how the funds it receives from appropriations made under section 401(a) will be divided among the various programs <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542.</p></sidenote>described in section 421, except that, in the first year in which appropriations are made pursuant to part B, each local educational agency will be given complete discretion with respect to 50 per centum of the funds appropriated for that part attributable to that local educational agency;</content> </paragraph> <page identifier="/us/stat/88/539">88 <inline class="smallCaps">Stat</inline>. 539</page> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">provides for the adoption of effective procedures (A) for<sidenote><p class="firstIndent1 fontsize8">Program evaluation.</p></sidenote> an evaluation by the State advisory council, at least annually, of the effectiveness of the programs and projects assisted under the State plan, (B) for the appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects, and (C) for the adoption, where appropriate, of promising educational practices developed through innovative programs supported under part C;<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 543.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">provides that local educational agencies applying for funds under any program under this title shall be required to submit only one application for such funds for any one fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">“(8) </num> <chapeau class="inline">provides—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">that, of the funds the State receives under section 401<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 535.</p></sidenote> for the first fiscal year for which such funds are available, such agency will use for administration of the State plan not to exceed whichever is greater (i) 5 per centum of the amount so received ($50,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a)(3), or (ii) the amount it received<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 543.</p></sidenote> for the fiscal year ending June 30, 1973, for administration of the programs referred to in sections 421(b) and 431(b), and<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542.</p></sidenote> that the remainder of such funds shall be made available to local educational agencies to be used for the purposes of parts B and C, respectively; and that, of the funds the State<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542, 543.</p></sidenote> receives under section 401 for fiscal years thereafter, it will use for administration of the State plan not to exceed whichever is greater (i) 5 per centum of the amount so received ($50,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a)(3), or (ii) $225,000, and that the remainder of such funds shall be made available to local educational agencies to be used for purposes of parts B and C, respectively,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">that not less than 15 per centum of the amount received pursuant to section 401(b) in any fiscal year (not including any amount used for purposes of section 431 (a)(3)) shall be used for special programs or projects for the education of children with specific learning disabilities and handicapped children, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">that not more than the greater of (i) 15 per centum of the amount which such State receives pursuant to section 401(b) in any fiscal year, or (ii) the amount available by appropriation to such State in the fiscal year ending June 30, 1973, for purposes covered by section 431(a)(3), shall be used for purposes of section 431(a)(3)(relating to strengthening State and local educational agencies);</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">“(9) </num> <content class="inline">provides assurances that in the case of any project for the<sidenote><p class="firstIndent1 fontsize8">Facilities, accessibility to handicapped persons.</p></sidenote> repair, remodeling, or construction of facilities, that the facilities shall be accessible to and usable by handicapped persons;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">“(10) </num> <content class="inline">sets forth policies and procedures which give satisfactory assurance that Federal funds made available under this title for any fiscal year will not be commingled with State funds; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">“(11) </num> <content class="inline">gives satisfactory assurance that the aggregate amount to be expended by the State and its local educational agencies from funds derived from non-Federal sources for programs <page identifier="/us/stat/88/540">88 <inline class="smallCaps">Stat</inline>. 540</page><sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 542.</p></sidenote>described in section 421(a) for a fiscal year will not be less than the amount so expended for the preceding fiscal year.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The State advisory council, established pursuant to subsection (a), shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A"><sidenote><p class="firstIndent1 fontsize8">Membership.</p></sidenote>“(A) </num> <chapeau class="inline">be appointed by the State educational agency or as otherwise provided by State law’ and be broadly representative of the cultural and educational resources of the State (as defined in <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 544.</p></sidenote>section 432) and of the public, including persons representative of—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">public and private elementary and secondary’ schools,</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">institutions of higher education, and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">fields of professional competence in dealing with children needing special education because of physical or mental handicaps, specific learning disabilities, severe educational disadvantage, and limited English-speaking ability or because they are gifted or talented, and of professional competence in guidance and counseling;</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Duties.</p></sidenote>“(B) </num> <content class="inline">advise the State educational agency on the preparation of, and policy matters arising in the administration of, the State plan, including the development of criteria for the distribution of funds and the approval of applications for assistance under this title;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">evaluate all programs and projects assisted under this title; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D"><sidenote><p class="firstIndent1 fontsize8">Report to Commissioner.</p></sidenote>“(D) </num> <content class="inline">prepare at least annually and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Not less than ninety days prior to the beginning of any fiscal year for which funds will be available for carrying out this title, each State shall certify the establishment of, and membership of (including the name of the person designated as Chairman), its State advisory council to the Commissioner.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Meetings.</p></sidenote>“(3) </num> <content class="inline">Each State advisory council shall meet within thirty days after certification has been accepted by the Commissioner and establish the time, place, and manner of its future meetings, except that such council shall have not less than one public meeting each year at which the public is given an opportunity to express views concerning the administration and operation of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Personnel.</p></sidenote>“(4) </num> <content class="inline">Each State advisory council shall be authorized to obtain the services of such professional, technical, and clerical personnel, and to contract for such other services as may be necessary to enable them to carry out their functions under this title, and the (Commissioner shall assure that funds sufficient for these purposes are made available to each council from funds available for administration of the State plan.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">State plan approval.</p></sidenote>“(c) </num> <content class="inline">The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsections (a) and (b) of this section.</content> </subsection> </section> <section> <heading class="smallCaps centered">“administration or state plans</heading> <num value="404">“<inline class="smallCaps">Sec</inline>. 404. </num><sidenote><p class="firstIndent1 fontsize8">Notice and hearing opportunity.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1804">20 USC 1804</ref>.</p></sidenote> <content class="inline">The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State educational agency reasonable notice and opportunity for a hearing.</content> </section> <page identifier="/us/stat/88/541">88 <inline class="smallCaps">Stat</inline>. 541</page> <section> <heading class="smallCaps centered">“payments to states</heading> <num value="405">“<inline class="smallCaps">Sec</inline>. 405. </num> <content class="inline">From the amounts allotted to each State under section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1805">20 USC 1805</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 537.</p><p class="firstIndent1 fontsize8"><i>Post</i>, pp. 542, 543.</p></sidenote> 402 for carrying out the programs authorized by parts B and C, respectively, the Commissioner shall pay to that State an amount equal to the amount expended by the State in carrying out its State plan (after withholding any amount necessary pursuant to section 406(f)).<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></content> </section> <section> <heading class="smallCaps centered">“participation of children enrolled in private schools</heading> <num value="406">“<inline class="smallCaps">Sec</inline>. 406. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">To the extent consistent with the number of children<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1806">20 USC 1806</ref>.</p></sidenote> in the school district of a local educational agency (which is a recipient of funds under this title or which serves the area in which a program or project assisted under this title is located) who are enrolled in private nonprofit elementary and secondary schools, such agency, after consultation with the appropriate private school officials, shall provide for the benefit of such children in such schools secular, neutral, and nonideological services, materials, and equipment including the repair, minor remodeling, or construction of public school facilities as may be necessary for their provision (consistent with subsection (c) of this section), or, if such services, materials, and equipment are not feasible or necessary in one or more such private schools as determined by the local educational agency after consultation with the appropriate private school officials, shall provide such other arrangements as will assure equitable participation of such children in the purposes and benefits of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Expenditures for programs pursuant to subsection (a) shall<sidenote><p class="firstIndent1 fontsize8">Equal expenditures.</p></sidenote> be equal (consistent with the number of children to be served) to expenditures for programs for children enrolled in the public schools of the local educational agency, taking into account the needs of the individual children and other factors (pursuant to criteria supplied by the Commissioner) which relate to such expenditures, and when funds available to a local educational agency under this title are used to concentrate programs or projects on a particular group, attendance area, or grade or age level, children enrolled in private schools who are included within the group, attendance areas, or grade or age level selected for such concentration shall, after consultation with the appropriate private school officials, be assured equitable participation in the purposes and benefits of such programs or projects.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The control of funds provided under this title and title to<sidenote><p class="firstIndent1 fontsize8">Administration.</p></sidenote> materials, equipment, and property repaired, remodeled, or constructed therewith shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The provision of services pursuant to this section shall be provided by employees of a public agency or through contract by such public agency with a person, an association, agency, or corporation who or which in the provision of such services is independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this title shall not be commingled with State or local funds.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">If a State is prohibited by law from providing for the participation<sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> in programs of children enrolled in private elementary and secondary schools, as required by this section, the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section.</content> </subsection> <page identifier="/us/stat/88/542">88 <inline class="smallCaps">Stat</inline>. 542</page> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">If the Commissioner determines that a State or a local educational agency has substantially failed to provide for the participation on an equitable basis of children enrolled in private elementary and secondary schools as required by this section, he shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allotment of the State under this title.</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Notice and hearing opportunity.</p></sidenote>“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commissioner shall not take any final action under this section until he has afforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote>“(2) </num> <content class="inline">If a State or local educational agency is dissatisfied with the Commissioner’s final action after a hearing under subparagraph (A) of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Cotie.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Jurisdiction.</p></sidenote>“(4) </num> <content class="inline">Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”.</content> </paragraph> </subsection> </section> </part> <part> <num value="B">“<inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Libraries and Learning Resources</inline></heading> <section> <heading class="smallCaps centered">“programs authorized</heading> <num value="421">“<inline class="smallCaps">Sec</inline>. 421. </num><sidenote><p class="firstIndent1 fontsize8">Grants to States.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1821">20 USC 1821</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall carry out a program for making grants to the States (pursuant to State plans approved under section 403)—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">for the acquisition of school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">for the acquisition of instructional equipment (including laboratory and other special equipment, including audio-visual materials and equipment suitable for use in providing education in academic subjects) for use by children and teachers in elementary and secondary schools, and for minor remodeling of laboratory or other space used by such schools for such equipment; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">for (A) a program of testing students in the elementary and secondary schools, (B) programs of counseling and guidance services for students at the appropriate levels in elementary and <page identifier="/us/stat/88/543">88 <inline class="smallCaps">Stat</inline>. 543</page>secondary schools designed (i) to advise students of courses of study best suited to their ability, aptitude, and skills, (ii) to advise students with respect to their decisions as to the type of educational program they should pursue, the vocation they should train for and enter, and the job opportunities in the various fields, and (iii) to encourage students to complete their secondary school education, take the necessary courses for admission to postsecondary institutions suitable for their occupational or academic needs, and enter such institutions, and such programs may include short-term sessions for persons engaged in guidance and counseling in elementary and secondary schools, and (C) programs, projects, and leadership activities designed to expand and strengthen counseling and guidance services in elementary and secondary schools.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">It is the purpose of this part to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs authorized by title II and so much of title III as relates to testing, counseling, and guidance, of this Act, and title III (except for section 305 thereof) of the National<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821/s841">20 USC 821, 841</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441</ref>.</p></sidenote> Defense Education Act of 1958, and funds appropriated to carry out this part must, be used only for the same purposes and for the funding of the same types of programs authorized under those provisions.</content> </subsection> </section> </part> <part> <num value="C">“<inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Educational Innovation and Support</inline></heading> <section> <heading class="smallCaps centered">“programs authorized</heading> <num value="431">“<inline class="smallCaps">Sec</inline>. 431. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall carry out a program for<sidenote><p class="firstIndent1 fontsize8">Grants to States.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1831">20 USC 1831</ref>.</p></sidenote> making grants to the States (pursuant to State plans approved under section 403)—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 538.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">for supplementary educational centers and services to stimulate and assist in the provision of vitally needed educational services (including preschool education, special education, compensatory education, vocational education, education of gifted and talented children, and dual enrollment programs) not available in sufficient quantity or quality, and to stimulate and assist in the development and establishment of exemplary elementary and secondary school programs (including the remodeling, lease, or construction of necessary facilities) to serve as models for regular school programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">for the support of demonstration projects by local educational agencies or private educational organizations designed to improve nutrition and health services in public and private elementary and secondary schools serving areas with high concentrations of children from low-income, families and such projects may include payment of the cost of (A) coordinating nutrition and health service resources in the areas to be served by a project, (B) providing supplemental health, mental health, nutritional, and food services to children from low-income families when the resources for such services available to the applicant from other sources are inadequate to meet the needs of such children, (C) nutrition and health programs designed to train professional and other school personnel to provide nutrition and health services in a manner which meets the needs of children from low-income families for such services, and (D) the evaluation of projects assisted with respect to their effectiveness in improving school nutrition and health services for such children;</content> </paragraph> <page identifier="/us/stat/88/544">88 <inline class="smallCaps">Stat</inline>. 544</page> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">for strengthening the leadership resources of State and local educational agencies, and for assisting those agencies in the establishment and improvement of programs to identify and meet educational needs of States and of local school districts; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">for making arrangements with local educational agencies for the carrying out by such agencies in schools which (A) are located in urban or rural areas, (B) have a high percentage of children from low-income families, and (C) have a high percentage of such children who do not complete their secondary school education, of demonstration projects involving the use of innovative methods, systems, materials, or programs which show promise of reducing the number of such children who do not complete their secondary school education.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">It is the purpose of this part to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs authorized by title III (except for programs of testing, counseling, and guidance) and title V, and <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841/s861/s887/s887a">20 USC 841, 861, 887, 887a</ref>.</p></sidenote>sections 807 and 808 of this Act, and funds appropriated to carry out this part must be used only for the same purposes and for the funding of the same types of programs authorized under those provisions.</content> </subsection> </section> <section> <heading class="smallCaps centered">“use of cultural and educational resources</heading> <num value="432">“<inline class="smallCaps">Sec</inline>. 432. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1832">20 USC 1832</ref>.</p></sidenote> <content class="inline">Programs or projects supported pursuant to this part (other than those described in section 431(a)(3)) shall involve in the planning and carrying out thereof the participation of persons broadly representative of the cultural and educational resources of the <sidenote><p class="firstIndent1 fontsize8">“Cultural and educational resources.”</p></sidenote>area to be served. The term ‘cultural and educational resources’ includes State educational agencies, local educational agencies, private nonprofit elementary and secondary schools, institutions of higher education, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources.”</content> </section> </part>
consolidation of certain federally operated education programs Sec. 402. (a) (1) The Act of July 26, 1954 (Public Law 531. Eighty-third

20 USC 331 note.

Special Projects Act.

20 USC 1851 note.

Congress) is amended by striking out all after the enacting clause and inserting in lieu thereof the following: “That this Act may be cited as the “Special Projects Act”.
“purpose “Sec. 2.

20 USC 1851.

 It is the purpose of this Act to authorize the Commissioner of Education (hereinafter referred to as the ‘Commissioner’) to carry out special projects— “(1) to experiment with new educational and administrative methods, techniques, and practices; “(2) to meet special or unique educational needs or problems; and “(3) to place special emphasis on national education priorities.
“contracting authority “Sec. 3.

20 USC 1852.

 (a) The Commissioner is authorized, during the period beginning July 1, 1975, and ending June 30, 1978, to make contracts with public and private agencies, organizations, associations, institutions, and with individuals in order to carry out the purposes of this Act as set forth in section 2. 88 Stat. 545 “(b) In exercising his authority under this section, the Commissioner shall comply with such priorities and preferences as may be expressly provided by law, with respect to this section.
“appropriations “Sec. 4. (a) (1) In order to enable the Commissioner to make contracts

20 USC 1853.

 under section 3, there is authorized, subject to subsection (b), to be appropriated to the Office of Education $200,000,000 for the fiscal year ending June 30, 1976, and each of the two succeeding fiscal years. “(2) Sums appropriated pursuant to paragraph (1) shall, notwithstanding any other provisions of law, unless enacted in express limitation of this paragraph, remain available until expended. “(b) (1) Not later than February 1 of each year, the Commissioner

Expenditure plan and report, submittal to congressional committees.

 shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a plan in accordance with which the Commissioner has determined to expend funds to be appropriated for the succeeding fiscal year. Such plan shall be accompanied by a report, describing each contract made during the calendar year preceding that fiscal year under the authority of this Act involving an expenditure in excess of $100,000. “(2) (A) The funds appropriated pursuant to subsection (a) for any fiscal year shall be expended in accordance with the plan submitted for that year pursuant to paragraph (1), unless prior to sixty days after the submission of such plan, either the Committee on Education and Labor of the House of Representatives or the Committee on Labor and Public Welfare of the Senate adopts a resolution disapproving such plan. “(B) If either or both such committees adopts a resolution of disapproval as provided in subparagraph (A), the Commissioner shall, not later than fifteen days after the adoption of any such resolution, submit a new plan in accordance with paragraph (1) and subparagraph (A).”.
(2) The title of such Act of July 24, 1954, is amended to read as follows: “An Act to authorize special projects, surveys, and studies by the Office of Education.”. (b) (1) In carrying out his functions under section 3 of the Special

20 USC 1861.

 Projects Act, the Commissioner shall reserve not less than 50 per centum of the sums appropriated pursuant to section 4 of such Act for the purposes given preference under paragraph (3) of this subsection and apportioned in accordance with paragraph (2) of this subsection. With respect to the funds to which this paragraph applies, the Commissioner’s authority under such section 3 shall include authority to make grants as well as contracts. (2) Except as is otherwise provided with respect to section 409, the

Apportionment of funds.

Post, p. 556.

 Commissioner shall apportion an amount for each of the purposes set forth in paragraph (3) which bears the same ratio to the sums reserved pursuant to paragraph (1) as the amount permitted to be expended for each such purpose bears to the aggregate of the amounts permitted to be expended for all such purposes. (3) The sums reserved pursuant, to paragraph (1) shall be expended

Reserved funds.

 for programs otherwise authorized by an applicable statute and described in the following subparagraphs: Education for the Use of the Metric System of Measurement (A) A program to encourage educational agencies and institutions to prepare students to use the metric system of measurement, as provided in section 403. 88 Stat. 546 Gifted and Talented Children (B) A program for the education of gifted and talented children through grants to the States for such purpose, as provided in section

Post, p. 547.

404 (except subsection (f) thereof). Community Schools (C) A program of grants to local educational agencies to assist them in planning, establishing, expanding, and operating community education

Post, p. 549.

programs, as provided in section 405. Career Education (D) A program to assess, and to encourage establishment and operation

Post, p. 551.

of, career education programs, as provided in section 406. Consumers’ Education (E) A program of grants and contracts designed to provide consumer education to the public, as provided in section 811 of the

Post, p. 553.

Elementary and Secondary Education Act of 1965. Women’s Equity in Education (F) A program of grants and contracts designed to provide educational

Post, p. 554.

equity for women in the United States, as provided in section 408. Arts in Education Programs (G) A program of grants and contracts designed to assist and encourage the use of the arts in elementary and secondary school programs as provided in section 409. (4) No appropriation may be made for any fiscal year for the purposes of section 811 of the Elementary and Secondary Education Act of 1965 or sections 403, 404, 405, 406, 408, and 409 of this Act during which funds are available for the purposes of such sections under the provisions of this subsection.

20 USC 1851 note.

(c) (1) The amendments made by subsection (a) and the provisions of subsection (b) shall be effective on and after July 1, 1975.

20 USC 844a note.

20 USC 841.

20 USC 844a.

20 USC 844b.

20 USC 845.

(2) Effective July 1, 1975, title III of the Elementary and Secondary Education Act of 1965 is amended— (i) by striking out section 305(d); (ii) ii) by striking out section 306; and (iii) by striking out section 307(c).

Repeal.

20 USC 887b and note.

(3) Effective July 1, 1975, section 809 of the Elementary and Secondary Education Act of 1965, is repealed.
education for the use of the metric system of measurement Sec. 403.

20 USC 1802.

 (a) (1) The Congress finds that— (A) the metric system of measurement is in general use in industrially developed nations and its use is increasing; (B) increased use of such metric system in the United States is inevitable, and such a metric system will become the dominant system of weights and measures in the United States; and (C) there is no existing Federal program designed to teach children to use such metric system and such a program is necessary if the American people are to adapt to the use of the metric system of weights and measures. 88 Stat. 547 (2) It is the policy of the United States to encourage educational agencies and institutions to prepare students to use the metric system of measurement with ease and facility as a part of the regular education program. (3) For the purposes of this section, the term “metric system of

“Metric system of measurement.”

 measurement“ means the International System of Units as established by the General Conference of Weights and Measures in 1900 and interpreted or modified for the United States by the Secretary of Commerce. (b) (1) The Commissioner shall carry out a program of grants and

Grants and contracts.

 contracts in order to encourage educational agencies and institutions to prepare students to use the metric system of measurement. (2) The Commissioner is authorized to make grants to, and contracts with, institutions of higher education. State and local educational agencies, and other public and private nonprofit agencies, organizations, and institutions to develop and carry out the policy set forth in subsection (a). (c) (1) Financial assistance under this section may be made available

Financial assistance, application.

 only upon application to the Commissioner. Any such application shall be submitted at such time, in such form, and containing such information as the Commissioner shall prescribe by regulation and shall be approved only if it— (A) provides that the activities and services for which assistance is sought will be administered by, or under the supervision of, the applicant; (B) describes a program which holds promise of making a substantial contribution toward attaining the purposes of this section; (C) sets forth such policies and procedures as will insure adequate evaluation of the activities intended to be carried out under the application; and (D) contains such other provisions as the Commissioner determines necessary in order to accomplish the purposes of this title. (2) An application from a local educational agency under this section

Approval.

 may be approved only if the State educational agency of the State in which such local agency is located has been notified of the application and has been given a reasonable opportunity to offer recommendations with respect to the approval thereof. (d) For the purpose of carrying out this section, the Commissioner

Appropriation.

 is authorized to expend $10,000,000 for each of the fiscal years ending prior to July 1, 1978.
gifted and talented children Sec. 404. (a) The Commissioner shall designate an administrative

20 USC 1863.

 unit within the Office of Education to administer the programs and projects authorized by this section and to coordinate all programs for gifted and talented children and youth administered by the Office. (b) The Commissioner shall establish or designate a clearinghouse

Information clearinghouse.

 to obtain and disseminate to the public information pertaining to the education of gifted and talented children and youth. The Commissioner is authorized to contract with public or private agencies or organizations to establish and operate the clearinghouse. (c) (1) The Commissioner shall make grants to State educational

Grants.

 agencies and local educational agencies, in accordance with the provisions of this subsection, in order to assist them in the planning, development, operation, and improvement of programs and projects designed to meet the special educational needs of gifted and talented children at the preschool and elementary and secondary school levels. 88 Stat. 548

Applications.

(2) (A) Any State educational agency or local educational agency desiring to receive a grant under this subsection shall submit an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner determines to be necessary to carry out his functions under this section. Such application shall— (i) provide satisfactory assurance that funds paid to the applicant will be expended solely to plan, establish, and operate programs and projects which— (I) are designed to identify and to meet the special educational and related needs of gifted and talented children, and (II) are of sufficient size, scope, and quality as to hold reasonable promise of making substantial progress toward meeting those needs; (ii) set forth such policies and procedures as are necessary for acquiring and disseminating information derived from educational research, demonstration and pilot projects, new educational practices and techniques, and the evaluation of the effectiveness of the program or project in achieving its purpose; and (iii) provide satisfactory assurance that, to the extent consistent with the number of gifted and talented children in the area to be served by the applicant who are enrolled in nonpublic elementary and secondary schools, provision will be made for the participation of such children. (B) The Commissioner shall not approve an application under this subsection from a local educational agency unless such application has been submitted to the State educational agency of the State in which the applicant is located and such State agency has had an opportunity to make recommendations with respect to approval thereof. (3) Funds available under an application under this subsection may be used for the acquisition of instructional equipment to the extent such equipment is necessary to enhance the quality or the effectiveness of the program or project for which application is made. (4) A State educational agency receiving assistance may carry out its functions under an approved application under this subsection directly or through local educational agencies.

Personnel training grants.

(d) The Commissioner is authorized to make grants to State educational agencies to assist them in establishing and maintaining, directly or through grants to institutions of higher education, a program for training personnel engaged or preparing to engage in educating gifted and talented children or as supervisors of such personnel. (e) The Commissioner is authorized to make grants to institutions of higher education and other appropriate nonprofit institutions or agencies to provide training to leadership personnel for the education of gifted and talented children and youth. Such leadership personnel may include, but are not limited to, teacher trainers, school administrators, supervisors, researchers, and State consultants. Grants under this subsection may be used for internships, with local, State, or Federal agencies or other public or private agencies or institutions.

Research program.

20 USC 1221e.

(f) Notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act, the National Institute of Education shall, in accordance with the terms and conditions of section 405 of such Act, carry out a program of research and related activities

Transfer of funds.

relating to the education of gifted and talented children. The Commissioner is authorized to transfer to the National Institute of Education such sums as may be necessary for the program required by this subsection.

Definition.

As used in the preceding sentence the term “research and related 88 Stat. 549activities” means research, research training, surveys, or demonstrations in the field of education of gifted and talented children and youth, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental and model schools. (g) In addition to the other authority of the Commissioner under

Model projects, contracts.

 this section, the Commissioner is authorized to make contracts with public and private agencies and organizations for the establishment and operation of model projects for the identification and education of gifted and talented children, including such activities as career education, bilingual education, and programs of education for handicapped children and for educationally disadvantaged children. The total of the amounts expended for projects authorized under this subsection shall not exceed 15 per centum of the total of the amounts expended under this section for any fiscal year. (h) For the purpose of carrying out the provisions of this section,

Appropriation.

 the Commissioner is authorized to expend not to exceed $12,250,000 for each fiscal year ending prior to July 1, 1978.
community schools Sec. 405. (a) This section may be cited as the “Community Schools

Community Schools Act.

20 USC 1864.

 Act”. (b) In recognition of the fact that the school, as the prime educational institution of the community, is most effective when the school involves the people of that community in a program designed to fulfill their education needs, and that community education promotes a more efficient use of public education facilities through an extension of school buildings and equipment, it is the purpose of this section to provide educational, recreational, cultural, and other related community services, in accordance with the needs, interests, and concerns of the community, through the establishment of the community education program as a center for such activities in cooperation with other community groups. (c) For purposes of this section and subparagraph (C) of section

“Community education program.”

Ante, p. 544.

 402(b)(3), a “community education program” is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community. Nothing in this section shall be construed to prohibit any applicant under this section from carrying out any activity with funds derived from other sources. (d) (1) In order to carry out the purposes and provisions of this

Grants.

 section, the Commissioner is authorized to make grants to State educational agencies and to local educational agencies to pay the Federal share of the cost of planning, establishing, expanding, and operating community education programs. (2) Fifty percent of the funds made available pursuant to clause (1) of subsection (i) shall be available for grants to State educational agencies. The remainder of such funds shall be available for grants to local educational agencies. (3) For the purpose of paragraph (1) of this subsection, the Federal

Federal share.

 share shall be— (A) 80 per centum of a program to establish a new community education program. 88 Stat. 550 (B) 65 per centum of a program to expand or improve a community education program for the first year in which such program is assisted under this section, and 55 per centum in any fiscal year thereafter, and (C) 40 per centum of a program to maintain or carry out a community education program.

Application.

(4) Any State or local educational agency desiring to receive a grant under this section for any fiscal year shall submit an application to the Commissioner at such time, in such manner, and in such form as the Commissioner shall prescribe by regulation. Each such application shall contain provisions— (A) assuring that local community colleges, social, recreational, and health groups will be consulted with respect to programs to be offered and facilities to be used for the purpose of this section; (B) assuring that the applicant will pay from non-Federal sources the remaining costs of carrying out the application; and (C) containing a description of each community education program for which assistance is sought in sufficient detail to apply the appropriate Federal share specified in clause (3) of this subsection. The Commissioner shall not approve an application submitted by a local educational agency unless the State educational agency of the State in which that local educational agency is located has been given an opportunity to review, and make comment on, such application. (e)

Training grants.

 The Commissioner is authorized to make grants to institutions of higher education to develop and establish, or to expand, programs which will train persons to plan and operate community education programs.

Information clearinghouse.

(f) (1) The Commissioner shall establish or designate a clearing-house to gather and disseminate information received from community education programs, including but not limited to information regarding new programs, methods to encourage community participation, and ways of coordinating community education programs with other community services. The Commissioner is authorized to contract with public or private agencies or organizations to establish and operate the clearinghouse.

Technical assistance.

(2) The Commissioner shall make available to each community education program such technical assistance and information as the program may require, and such technical assistance shall be coordinated with the national clearinghouse.

Community Education Advisory Council.

Establishment; membership.

Post, p. 75.

(g) (1) There is established, subject to part D of the General Education Provisions Act, in the Office of the Commissioner, a Community Education Advisory Council (referred to in this section as the “Advisory Council”) to be composed of eleven members. The members of the Advisory Council shall be appointed by the Secretary. (2) A substantial number of the members of the Advisory Council shall be persons experienced in the operation of community education programs and the training of such persons. The Council shall include representatives from various disciplines involved in providing services in community school programs. (f) (1) The Commissioner shall establish or designate a clearing within three months after enactment of this section. (4) The Commissioner shall make available to the Advisory Council such staff, information, and other assistance as it may require to carry out its activities. (5) The Advisory Council shall advise the Commissioner on policy matters relating to the interests of community schools. 88 Stat. 551 (6) In the fiscal year ending June 30, 1975, the Advisory Council

Policy guidelines and regulations.

 shall be responsible for advising the Commissioner regarding the establishment of policy guidelines and regulations for the operation and administration of this section. In addition, the Council shall create a system for evaluation of the programs. The Council shall present to

Evaluation, submittal to Congress.

 Congress a complete and thorough evaluation of the programs and operation of this section for each fiscal year ending after June 30, 1975. (h) In approving applications under this section the Commissioner shall insure that there is an equitable geographical distribution of community education programs throughout the United States in both urban and rural areas. (i) The Commissioner is authorized to expend (1) for the purpose of

Appropriation.

 subsection (d), $15,000,000 for each fiscal year ending prior to July 1, 1978; and (2) for the purposes of subsection (e), $2,000,000 for each fiscal year ending prior to July 1, 1978.
career education Sec. 406. (a) It is the sense of Congress that—

20 USC 1865.

 (1) every child should, by the time he has completed secondary school, be prepared for gainful or maximum employment and for full participation in our society according to his or her ability: (2) it is the obligation of each local educational agency to provide that preparation for all children (including handicapped children and all other children who are educationally disadvantaged) within the school district of such agency; and (3) each State and local educational agency should carry out a program of career education which provides every child the widest variety of career education options which are designed to prepare each child for maximum employment and participation in our society according to his or her ability. (b) It is the purpose of this section to assist in achieving the policies set forth in subsection (a) by— (1) developing information on the needs for career education for all children; (2) promoting a national dialogue on career education designed to encourage each State and local educational agency to determine and adopt the approach to career education best suited to the needs of the children served by them; (3) assessing the status of career education programs and practices, including a reassessment of the stereotyping of career opportunities by race or by sex; (4) providing for the demonstration of the best of the current career education programs and practices by the development and testing of exemplary programs and practices using various theories, concepts, and approaches with respect to career education; (5) providing for the training and retraining of persons for conducting career education programs; and (6) developing State and local plans for implementing career education programs designed to insure that every child has the opportunity to gain the knowledge and skills necessary for gainful or maximum employment and for full participation in our society according to his or her ability. (c) (1) In order to carry out the policies, purposes, and provisions

Office of Career Education.

Establishment.

 of this section, there is established in the Office of Education an Office of Career Education (hereafter in this section referred to as the “Office”). The Office shall be headed by a Director. (2) The Director of the Office shall report directly to the Commissioner. 88 Stat. 552

“Career education.”

(d) For the purposes of this section, the term “career education” means an education process designed— (1) to increase the relationship between schools and society as a whole; (2) to provide opportunities for counseling, guidance and career development for all children; (3) to relate the subject matter of the curricula of schools to the needs of persons to function in society; (4) to extend the concept of the education process beyond the school into the area of employment and the community; (5) to foster flexibility in attitudes, skills, and knowledge in order to enable persons to cope with accelerating change and obsolescence; (6) to make education more relevant to employment and functioning in society; and (7) to eliminate any distinction between education for vocational purposes and general or academic education.

Survey and assessment.

(e) The Commissioner shall conduct a survey and assessment of the current status of career education programs, projects, curriculums, and

Report to Congress.

 materials in the United States and submit to the Congress, not later than November 1, 1975, a report on such survey and assessment. Such report, shall include recommendations of the Advisory Council created under subsection (g) for new legislation designed to accomplish the policies and purposes set forth in subsections (a) and (b). In exercising his authority under clauses (ii)(III) and (ii)(V) of

Post, p. 569.

section 434(b)(1)(A) of the General Education Provisions Act, for any fiscal year, the Commissioner shall require State educational agencies and local educational agencies to report on their efforts to prepare students for gainful or maximum employment.

Career education models, grants.

(f) (1) During the period beginning with the enactment of this section and ending June 30, 1978, the Commissioner is authorized to make grants to State and local educational agencies, institutions of higher education, and other nonprofit agencies and organizations to support projects to demonstrate the most effective methods and techniques in career education and to develop exemplary career education models (including models in which handicapped children receive appropriate career education either by participation in regular or modified programs with nonhandicapped children or where necessary in specially designed programs for handicapped children whose handicaps are of such seventy that they cannot benefit from regular or modified programs). Grants made under this subsection shall be consistent with the policies set forth in subsection (a) of this subsection.

Local State educational program plans, grants.

(2) During the period beginning one year after the enactment of this section and ending June 30, 1977, the Commissioner is authorized to make grants to State educational agencies to enable them to develop State plans for the development and implementation of career education programs in the local educational agencies of the States. Such plans shall be designed to carry out the policies and purposes set forth in subsections (a) and (b).

National Advisory Council for Career Education.

Establishment.

Post, p. 75.

(g) (1) Subject to part D of the General Education Provisions Act and within ninety days after the enactment of this section, there is established a National Advisory Council for Career Education which shall be composed of— (A) the Assistant Secretary of Health, Education, and Welfare for Education, the Commissioner of Education, the Director of the Office of Career Education, the Director of the National Institute of Education, the Administrator of the National Center for 88 Stat. 553Education Statistics, the Director of the National Science Foundation, the Chairman of the National Foundation for the Arts, the Chairman of the National Foundation for the Humanities, the Chairman of the National Advisory Council for Vocational Education, all of whom shall serve in a nonvoting ex officio capacity; and (B) not less than twelve public members broadly representative of the fields of education, the arts, the humanities, the sciences, community services, business and industry, and the general public, a majority of whom shall be engaged in education or education-related professions. (2) The public members shall be appointed by the Secretary. The

Chairman; term.

 Secretary shall select the Chairman from among the public members. The members shall serve for terms of three years with not more than four seats rotating in any one year. The Commissioner shall provide such staff and funds for the Council as deemed necessary and such staff and funds shall be in addition to those provided elsewhere in this title. (3) The duties of the Council shall be to advise the Commissioner

Duties.

 on the implementation of this section and carry out such advisory functions as it deems appropriate, including reviewing the operation of this section and all other programs of the Division of Education pertaining to the development and implementation of career education, evaluating their effectiveness in meeting the needs of career education throughout the United States, and in determining the need for further legislative remedy in order that all citizens may benefit from the purposes of career education as prescribed in this section. (4) The Council with the assistance of the Commissioner shall conduct

Survey and assessment.

 a survey and assessment of the current status of career education programs, projects, curricula, and materials in the United States and

Report to Congress.

 submit to Congress, not later than November 1, 1975, a report on such survey and assessment. Such report shall include recommendations of the Council for new legislation designed to accomplish the policies and purposes set forth in subsections (a) and (b). (h) For the purpose of carrying out the provisions of this section,

Appropriation.

 the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978.
consumers’ education Sec. 407. (a) (1) Section 811(a) of the Elementary and Secondary Education Act of 1965 is amended to read as follows:

20 USC 887d.
“Sec. 811. (a) (1) There shall be within, the Office of Education an

Office of Consumers’ Education.

Establishment.

 Office of Consumers’ Education (hereafter in this section referred to as the ‘Office’) which shall be headed by a Director of Consumers’ Education (hereafter in this section referred to as the ‘Director’) who, subject to the management of the Commissioner, shall have responsibility for carrying out the provisions of this section. “(2) The Director shall be appointed by the Commissioner in accordance with the provisions of title 5 of the United States Code relating

5 USC 101 et seq.

 to appointments to the competitive service.”.
(2) Such section 811(b) of such Act is amended, in clause (ii) in the second sentence of paragraph (1)(C), by striking out “paragraph (2)” and inserting in lieu thereof “subparagraph (B)”. (3) Section 811(d) of such Act is amended to read as follows: “(d) For the purpose of carrying out this section, the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978.”. (b) The amendments made by paragraph (3) of subsection (a)

Effective date.

20 USC 887d note.

 shall be effective on and after July 1, 1973.
88 Stat. 554
women’s educational equity Sec. 408.

Women’s Educational Equity Act of 1974.

20 USC 1866.

 (a) This section may be cited as the “Women’s Educational Equity Act of 1974.” (b) (1) The Congress hereby finds and declares that educational programs in the United States (including its possessions), as presently conducted, are frequently inequitable as such programs relate to women and frequently limit the full participation of all individuals in American society. (2) It is the purpose of this section to provide educational equity for women in the United States.

“Council.”

(c) As used in this section, the term “Council” means the Advisory Council on Women’s Educational Programs.

Grants and contracts.

(d) (1) The Commissioner is authorized to make grants to, and enter into contracts with, public agencies and private nonprofit organizations and with individuals for activities designed to carry out the purposes of this section at all levels of education, including preschool, elementary and secondary education, higher education, and adult education. These activities shall include— (A) the development, evaluation, and dissemination by the applicant of curricula, textbooks, and other educational materials related to educational equity; (B) preservice and inservice training for educational personnel including guidance and counseling with special emphasis on programs and activities designed to provide educational equity; (C) research, development, and educational activities designed to advance educational equity; (D) guidance and counseling activities, including the development of nondiscriminatory tests, designed to assure educational equity; (E) educational activities to increase opportunities for adult women, including continuing educational activities and programs for underemployed and unemployed women; (F) the expansion and improvement of educational programs and activities for women in vocational education, career education, physical education and educational administration.

Applications.

(2) A grant may be made and a contract may be entered into under this section only upon application to the Commissioner, at such time, in such form, and containing or accompanied by such information as the Commissioner may prescribe. Each such application shall— (A) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant; (B) describe a program for carrying out one of the purposes set forth in subsection (a) which holds promise of making a substantial contribution toward attaining such purposes; and (C) set forth policies and procedures which insure adequate evaluation of the activities intended to be carried out under the application. (3) The Commissioner shall approve applicants and amendments thereto which meet the requirements of paragraph (2).

Nondiscrimination.

(4) Nothing in this section shall be construed as prohibiting men from participating in any programs or activities assisted under this section.

Additional grants.

(e) In addition to the authority of the Commissioner under subsection (d), the Commissioner shall carry out a program of small grants, not to exceed $15,000, each, in order to support innovative approaches to achieving the purpose of this section; and for that 88 Stat. 555purpose the Commissioner is authorized to make grants to public and private nonprofit, agencies and to individuals. (f) (1) There is established in the Office of Education an Advisory

Advisory Council on Women’s Educational Programs.

 Council on Women’s Educational Programs. The Council shall be composed of— (A) seventeen individuals, some of whom shall be students,

Establishment; membership.

 who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals broadly representative of the general public who, by virtue of their knowledge or experience, are versed in the role and status of women in American society; (B) the Chairman of the Civil Rights Commission; (C) the Director of the Women’s Bureau of the Department of Labor; and (D) the Director of the Women’s Action Program of the Department of Health, Education, and Welfare. The Council shall elect its own Chairman. (2) The term of office of each member of the Council appointed

Term.

 under clause (A) of paragraph (1) shall be three years, except that— (A) the members first appointed under such clause shall serve as designated by the President, six for a term of one year, five for a term of two years, and six for a term of three years; and (B) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (3) The Council shall—

Duties.

 (A) advise the Commissioner with respect to general policy matters relating to the administration of this section; (B) advise and make recommendations to the Assistant Secretary concerning the improvement of educational equity for women; (C) make recommendations to the Commissioner with respect to the allocation of any funds pursuant to this section, including criteria developed to insure an appropriate geographical distribution of approved programs and projects throughout the Nation; and (D) develop criteria for the establishment of program priorities. (4) From the sums available for the purposes of this section, the

Sex discrimination in education, review.

 Commissioner is authorized and directed to conduct a national, comprehensive review of sex discrimination in education, to be submitted to the Council not later’ than a year after the date of enactment of this section. The Council shall review the report of the Commissioner and shall make such recommendations, including recommendations for additional legislation, as it deems advisable. (5) The provisions of part D of the General Education Provisions Act shall apply with respect to the Council established under this

Post, p. 575.

 subsection. (f) The Commissioner is directed, at the end of each fiscal year, to

Report to President, Congress and Council.

 submit to the President and the Congress and to the Council a report setting forth the programs and activities assisted under this section, and to provide for the distribution of this report to all interested groups and individuals, including the Congress, from funds authorized under this section. After receiving the report from the Commissioner,

Program evaluation.

 the Council shall evaluate the programs and projects assisted under this section and include such evaluation in its annual report. (h) For the purpose of carrying out this section, the Commissioner

Appropriation.

 is authorized to expend not to exceed $30,000,000 for each fiscal year prior to July 1, 1978.
88 Stat. 556
elementary and secondary school education in the arts Sec. 409.

20 USC 1867.

 The Commissioner shall, during the period beginning after June 30, 1974 and ending on June 30, 1978, through arrangements made with the John F. Kennedy Center for the Performing Arts, carry out a program of grants and contracts to encourage and assist State and local educational agencies to establish and conduct programs in which the arts are an integral part of elementary and secondary school programs. Not less than $750,000 shall be available for the purposes of this section during any fiscal year during the period for which provision is made in the preceding sentence.
effective date Sec. 410.

20 USC 1801 note.

 Except where otherwise specified in this title, the amendments made by, and the provisions of, this title shall be effective on and after the date of enactment of this Act.
<num value="V">TITLE V—</num> <heading class="inline">EDUCATION ADMINISTRATION</heading> <section> <heading class="smallCaps centered">national center for education statistics</heading> <num value="501"><inline class="smallCaps">Sec</inline>. 501. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part A of the General Education Provisions Act is amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“national center for education statistics</heading> <num value="406">“<inline class="smallCaps">Sec</inline>. 406. </num><sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–1">20 USC 1221e–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">There is established, within the Office of the Assistant Secretary, a National Center for Education Statistics (hereafter in this section referred to as the ‘Center’). The Center shall be headed by an Administrator who shall be appointed by the Assistant Secretary in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq</i></ref>.</p></sidenote>accordance with the provisions of title 5, United States Code, relating to appointments in the competitive service.</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">collect, collate, and, from time to time, report full and complete statistics on the conditions of education in the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">conduct and publish reports on specialized analyses of the meaning and significance of such statistics;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">assist State and local educational agencies in improving and automating their statistical and data collection activities; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">review and report on educational activities in foreign countries.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Functions.</p></sidenote>“(b) </num> <content class="inline">The purpose of the Center shall be to collect and disseminate statistics and other data related to education in the United States and in other nations. The Center shall—</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Advisory Council on Education Statistics.</p><p class="firstIndent1 fontsize8">Establishment; membership.</p></sidenote>“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There shall be an Advisory Council on Education Statistics which shall be composed of 7 members appointed by the Secretary and such ex officio members as are listed in subparagraph (2). Not more than 4 of the appointed members of the Council may be members of the same political party.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">The ex officio members of the Council shall be—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the Commissioner of Education,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the Director of the National Institute of Education,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">the Director of the Census, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">the Commissioner of Labor Statistics.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Terms.</p></sidenote>“(3) </num> <content class="inline">Appointed members of the Council shall serve for terms of 3 years, as determined by the Secretary, except that in the case of initially appointed members of the Council, they shall serve for shorter terms to the extent necessary that the terms of office of not more than 3 members expire in the same calendar year.</content> </paragraph> <page identifier="/us/stat/88/557">88 <inline class="smallCaps">Stat</inline>. 557</page> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">The Assistant Secretary shall serve as the non-voting presiding officer of the Council.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">The Council shall meet at the call of the presiding officer, except that it shall meet—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">at least four times during each calendar year; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">in addition, whenever three voting members request in writing that the presiding officer call a meeting.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">Six members of the Council shall constitute a quorum of the Council.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">The provisions of section 448(b) of part D of this title shall<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/172">84 Stat. 172</ref>; </p><p class="firstIndent1 fontsize8"><ref href="/us/stat/86/326">86 Stat. 326</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233g">20 USC 1233g</ref>.</p></sidenote> not apply to the Council established under this subsection.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">“(7) </num> <content class="inline">The Council shall review general policies for the operation of the Center and shall be responsible for establishing standards to insure that statistics and analyses disseminated by the Center are of high quality and are not subject to political influence.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Assistant Secretary shall, not later than March 1 of<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> each year, submit to the Congress an annual report which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">contains a description of the activities of the Center during the then current fiscal year and a projection of its activities during the succeeding fiscal year;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">sets forth estimates of the cost of the projected activities for such succeeding fiscal year; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">includes a statistical report on the condition of education in the United States during the two preceding fiscal years and a projection, for the three succeeding fiscal years, of estimated statistics related to education in the United States.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Center shall develop and enforce standards designed to<sidenote><p class="firstIndent1 fontsize8">Data publication standards.</p></sidenote> protect the confidentiality of persons in the collection, reporting, and publication of data under this section. This subparagraph shall not be construed to protect the confidentiality of information about institutions, organizations, and agencies receiving grants from or having contracts with the Federal Government.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">In order to carry out the objectives of the Center, the Assistant<sidenote><p class="firstIndent1 fontsize8">Grants.</p></sidenote> Secretary is authorized, either directly or by grant or contract, to carry out the purposes set forth in subsection (b), and for that purpose the Assistant Secretary is authorized to make grants to, and contracts with public and private institutions, agencies, organizations and individuals.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Center is authorized to furnish transcripts or<sidenote><p class="firstIndent1 fontsize8">Special statistical compilations and surveys, submittal to congressional committees.</p></sidenote> copies of tables and other statistical records of the Office of Education, the Assistant Secretary, and the National Institute of Education to, and to make special statistical compilations and surveys for, State or local officials, public and private organizations, or individuals. The Center shall furnish such special statistical compilations and surveys as the Committees on Labor and Public Welfare and on Appropriations of the Senate and the Committees on Education and Labor and on Appropriations of the House of Representatives may request. Such statistical compilations and surveys, other than those carried out pursuant to the preceding sentence, shall be made subject to the payment of the actual or estimated cost of such work. In the case of nonprofit organizations or agencies, the Assistant Secretary may engage in joint statistical projects, the cost of which shall be shared equitably as determined by the Assistant Secretary; <proviso><i>Provided</i>, That the purposes of such projects are otherwise authorized by law.</proviso></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">All funds received in payment for work or services enumerated under subparagraph (A) shall be deposited in a separate account which may be used to pay directly the costs of such work or services, to repay <page identifier="/us/stat/88/558">88 <inline class="smallCaps">Stat</inline>. 558</page>appropriations which initially bore all or part of such costs, or to refund excess sums when necessary.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Educational data consortium with other Federal agencies.</p></sidenote>“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Center shall participate with other Federal agencies having a need for educational data in forming a consortium for the purpose of providing direct joint access with such agencies to all educational data received by the Center through automated data processing. The Library of Congress, General Accounting Office, and the Committees on Labor and Public Welfare and Appropriations of the Senate and the Committees on Education and Labor and Appropriations of the House of Representatives shall, for the purposes of this subparagraph, be considered Federal agencies.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The Center shall, in accordance with regulations published for the purpose of this paragraph, provide all interested parties, including public and private agencies and individuals, direct access to data collected by the Center for purposes of research and acquiring statistical information.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Commissioner and the National Institute of Education are directed to cooperate with the Center and make such records and data available to the Center as may be necessary to enable the Center to carry out its functions under this subsection.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Funds, limitation.</p></sidenote>“(g)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amount available for salaries and expenses of the Center snail not exceed $5,000,000 for the fiscal year ending June 30, 1975, $10,000,000 for the fiscal year ending June 30, 1976, and $14,000,000 for the fiscal year ending June 30, 1977.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The amount available for grants and contracts by the Assistant Secretary under subsection (e) shall not exceed $20,000,000 for the fiscal year ending June 30, 1975, $25,000,000 for the fiscal year ending June 30, 1976, and $30,000,300 for the fiscal year ending June 30, 1977.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Sums appropriated for activities and expenses of the Center which are not limited by paragraph (2) of this subsection shall be appropriated apart from appropriations which are so limited, as separate line items.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–1">20 USC 1221e–1 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/168">84 Stat. 168</ref>; <ref href="/us/stat/86/326">86 Stat. 326</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231f">20 USC 1231f</ref>.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amendments made by subsection (a) shall be effective on the tenth day after the date of enactment of this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 427 of such Act is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization to furnish information</heading> <num value="427">“<inline class="smallCaps">Sec</inline>. 427. </num><sidenote><p class="firstIndent1 fontsize8">Transfer of records.</p></sidenote> <content class="inline">The Commissioner is authorized to transfer transcripts or copies of other records of the Office of Education to State and local officials, public and private organizations, and individuals.”.</content> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–1">20 USC 1221e–1 note</ref>.</p></sidenote>(3)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">All functions and authority vested in the Commissioner of Education which, immediately prior to the date upon which the amendments made by subsection (a) become effective, are related to the collection, analysis, and dissemination of statistics about, and reports on the condition of, education in the Nation as determined by the Assistant Secretary are transferred, on such date to the National Center for Education Statistics established under section 406 <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 556.</p></sidenote>of the General Education Provisions Act.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231f">20 USC 1231f note</ref>.</p><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>(B) </num> <content class="inline">The functions and authority of the Commissioner of Education under section 427 relating to statistics prior to the date upon which the amendments made by subsection (a) become effective, together with all funds deposited in any account under such section, are transferred, on such date to the National Center for Education Statistics.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Survey.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–10">20 USC 880b–10 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 509.</p></sidenote> (4) </num> <content class="inline">The National Center for Education Statistics shall conduct the survey required by section 731(c)(1)(A) of title VII of the Elementary and Secondary Education Act of 1965.</content> </paragraph> </subsection> </section> <page identifier="/us/stat/88/559">88 <inline class="smallCaps">Stat</inline>. 559</page> <section> <heading class="smallCaps centered">general provisions relating to officers in the education division</heading> <num value="502"><inline class="smallCaps">Sec</inline>. 502. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The General Education Provisions Act is amended by adding after section 406 the following new sections:<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 556.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“rules for education officers of the united states</heading> <num value="407">“<inline class="smallCaps">Sec</inline>. 407. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">For the purposes of this section, the term ‘education<sidenote><p class="firstIndent1 fontsize8">“Education officer of the United States.”</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–2">20 USC 221e–2</ref>.</p></sidenote> officer of the United States’ means any person appointed by the President pursuant to this part, except members of commissions, councils, and boards.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Each education officer of the United States shall serve at the pleasure of the President.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">No education officer of the United States shall engage in<sidenote><p class="firstIndent1 fontsize8">Conflict-of-interest.</p></sidenote> any other business, vocation, or employment while serving in the position to which he is appointed; nor may he, except with the express approval of the President in writing, hold any office in, or act in any capacity for, or have any financial interest in, any organization, agency, or institution to which an agency in the Education Division makes a grant or with which any such agency makes a contract or any other financial arrangement.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">No person shall hold, or act for, more than one position as an education officer of the United States for more than a 30 day period.</content> </subsection> </section> <section> <heading class="smallCaps centered">“general authority of administrative heads of education agencies</heading> <num value="408">“<inline class="smallCaps">Sec</inline>. 408. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Each administrative head of an education agency, in<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–3">20 USC 1221e–3</ref>.</p></sidenote> order to carry out functions otherwise vested in him by law, is, subject to limitations as may be otherwise imposed by law, authorized—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">to make, promulgate, issue, rescind, and amend rules and regulations governing the manner of operation of the agency of which he is head;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">in accordance with those provisions of title 5, United States Code, relating to the appointment and compensation of<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq</i></ref>.</p></sidenote> personnel and subject to such limitations as are imposed in this part, to appoint and compensate such personnel as may be necessary to enable such agency to carry out its functions;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">to accept unconditional gifts or donations of services, money, or property (real, personal, or mixed; tangible or intangible);</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">without regard for section 3648 of the Revised Statutes of the United States (31 U.S.C. 529), to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary for the conduct of such agency;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">with funds expressly appropriated for such purpose, to construct such facilities as may be necessary to carry out functions vested in him or in the agency of which he is head, and to acquire and dispose of property; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">to use the services of other Federal agencies and reimburse such agencies for such services.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Any administrative head of an education agency is, subject to<sidenote><p class="firstIndent1 fontsize8">Delegation of functions.</p></sidenote> any other limitations on delegations of authority provided by law, authorized to delegate any of his functions under this section to an officer or employee of that agency.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">For the purposes of this section, the term ‘administrative head<sidenote><p class="firstIndent1 fontsize8">“Administrative head of an education agency.”</p></sidenote> of an education agency’ means the Commissioner and the Director of the National Institute of Education. To the extent that the Assistant <page identifier="/us/stat/88/560">88 <inline class="smallCaps">Stat</inline>. 560</page>Secretary is directly responsible for the administration of a program and to the extent that the Assistant Secretary is responsible for the supervision of the National Center for Education Statistics, the Assistant Secretary shall, for such purposes, be considered within the meaning of such term.”.</content> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">The General Education Provisions Act is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221b">20 USC 1221b</ref>.</p></sidenote>(A) </num> <content class="inline">in section 402(b), by striking out the second sentence thereof:</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e</ref>.</p></sidenote>(B) </num> <chapeau class="inline">in section 405—</chapeau> <clause class="indent3 fontsize10"> <num value="I">(I) </num> <content class="inline">by striking out that part of the first sentence of subsection (d)(1) which follows “<quotedText>Senate</quotedText>” and inserting in lieu thereof a period, and</content> </clause> <clause class="indent3 fontsize10"> <num value="II">(II) </num> <content class="inline">by striking out subsection (f).</content> </clause> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e–2">20 USC 1221e–2 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by this section shall be effective on the tenth day after the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendment with respect to the office of education; regional offices</heading> <num value="503"><inline class="smallCaps">Sec</inline>. 503. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221c">20 USC 1221c</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 403 of such Act is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“the office of education</heading> <num value="403">“<inline class="smallCaps">Sec</inline>. 403. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There shall be an Office of Education (hereinafter in this section referred to as the ‘Office’) which shall be the primary agency of the Federal Government responsible for the administration of programs of financial assistance to educational agencies, institutions, and organizations. The Office shall have such responsibilities and authorities as may be vested in the Commissioner by law or delegated to the Commissioner in accordance with law.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Office shall be headed by the Commissioner of Education who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be subject to the direction and supervision of the Secretary.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Office shall, consistent with such organization thereof which is provided by law, be divided into bureaus, and such bureaus shall be divided into divisions as the Commissioner determines appropriate.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">There shall be regional offices of the Office established in such places as the Commissioner, after consultation with the Assistant Secretary, shall determine. Such regional offices shall carry out such functions as are specified in subparagraph (B).</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The regional offices shall serve as centers for the dissemination of information about the activities of the agencies in the Education Division and provide technical assistance to State and local educational agencies, institutions of higher education, and other educational agencies, institutions, and organizations and to individuals and other groups having an interest in Federal education activities.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The Commissioner shall not delegate to any employee in any regional office any function which was not carried out, in accordance with regulations effective prior to June 1, 1973, by employees in such offices unless the delegation of such function to employees in regional offices is expressly authorized by law enacted after the enactment of the Education Amendments of 1974.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p></sidenote>“(3) </num> <content class="inline">The Commissioner shall submit to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives not later than November 1 of each year a report on the personnel needs and assignments of the Office. <page identifier="/us/stat/88/561">88 <inline class="smallCaps">Stat</inline>. 561</page>Such report shall include a description (A) of the manner in which the Office is organized and the personnel of the Office are assigned to the various functions of that agency and (B) of personnel needs of that agency in order to enable it to carry out its functions, as authorized by law.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The provisions of the amendments made by subsection (a) shall<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221c">20 USC 1221c note</ref>.</p></sidenote> be effective on the tenth day after the date of enactment of this Act, except that the provisions of limitation set forth in section 403(c)(2)(C) of the General Education Provisions Act shall have effect on the<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 560.</p></sidenote> date of such enactment, and shall be retroactive to June 1, 1973.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments with respect to the education division</heading> <num value="504"><inline class="smallCaps">Sec</inline>. 504. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 401 of the General Education Provisions Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221a">20 USC 1221a</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“the education division</heading> <num value="401">“<inline class="smallCaps">Sec</inline>. 401. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There shall be, within the Department of Health, Education, and Welfare, an Education Division, composed of the agencies listed in subsection (b), which shall be headed by the Assistant Secretary.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">The Education Division shall be composed of the following agencies:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">The Office of Education; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The National Institute of Education.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In the Office of the Assistant Secretary there shall be a National Center for Education Statistics.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221a">20 USC 1221a note</ref>.</p></sidenote> the tenth day after the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments with respect to applicability, authorization of appropriations, and other general matters</heading> <num value="505"><inline class="smallCaps">Sec</inline>. 505. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 400 of the General Education Provisions Act is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“short title; applicability; definitions; appropriations</heading> <num value="400">“<inline class="smallCaps">Sec</inline>. 400. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">This title may be cited as the ‘<shortTitle role="title">General Education Provisions Act</shortTitle>’.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Except where, otherwise specified, the provisions of this title shall apply to any program for which an administrative head of an education agency has administrative responsibility as provided by law or by delegation of authority pursuant to law.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">For the purposes of this title, the term—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">‘applicable program’ means any program to which this title is, under the terms of subsection (b), applicable;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">‘applicable statute’ means—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">the Act or the title, part or section of an Act, as the case may be, which authorizes the appropriation for an applicable program;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">this title; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">any other statute which under its terms expressly controls the administration of an applicable program;</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">‘Assistant Secretary’ means the Assistant Secretary of Health, Education, and Welfare for Education;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">‘Commissioner’ means the Commissioner of Education;</content> </subparagraph> <page identifier="/us/stat/88/562">88 <inline class="smallCaps">Stat</inline>. 562</page> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">‘Director’ means the Director of the National Institute of Education; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">‘Secretary’ means the Secretary of Health, Education, and Welfare.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Nothing in this title shall be construed to affect the applicability <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000a">42 USC 2000a note</ref>.</p></sidenote>of the Civil Rights Act of 1964 to any program subject to the provisions of this title.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">No Act making appropriations to carry out an applicable program shall be considered an applicable statute.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Appropriations.</p></sidenote>“(d) </num> <content class="inline">Except as otherwise limited in this title, there are authorized to be appropriated for any fiscal year such sums as may be necessary to carry out the provisions of this title.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Limitations.</p></sidenote>“(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The aggregate of the appropriations to the agencies in the Education Division and to the Office of the Assistant Secretary for any fiscal year shall not exceed the limitations set forth for that fiscal year in subparagraph (2).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">Except as is provided in subparagraph (B), the appropriations to which paragraph (1) applies—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">shall not exceed $7,500,000,000 for the fiscal year ending June 30, 1975, $8,000,000,000 for the fiscal year ending June 30, 1976, and $9,000,000,000 for the fiscal year ending June 30, 1977; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">shall not exceed such amounts as may be authorized by the law and limited by this subparagraph.</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The limitations set forth in subparagraph (A) shall not apply—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">to uncontrollable expenditures under obligations created <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1071">20 USC 1071</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1132c/s1132d">20 USC 1132c, 1132d</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1078a">20 USC 1078a note</ref>.</p></sidenote>under part B of title IV or the Higher Education Act of 1965, farts C and D of title VII of such Act, and the Emergency Insured Student Loan Act of 1969; and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">to any other expenditure under an obligation determined by the Commissioner pursuant to, or in accordance with, law to be an uncontrollable expenditure of the Office of Education.”</content> </clause> </subparagraph> </paragraph> </subsection> </section> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221g">20 USC 1221g</ref>.</p></sidenote>(2) </num> <content class="inline">Section 442(d) of the Education Amendments of 1972 is amended by striking out “<quotedText>400(c)</quotedText>” and inserting in lieu thereof “<quotedText>400(d)</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by subsection (a) shall be effective on the tenth day after the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">revision of appropriations and evaluations provisions</heading> <num value="506"><inline class="smallCaps">Sec</inline>. 506. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Part B of the General Education Provisions Act is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by inserting immediately after the heading thereof the following: <quotedContent> <subpart> <num value="I">“Subpart I—</num> <heading class="inline">Appropriations”</heading> </subpart> </quotedContent> </content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1222/s1224">20 USC 1222, 1224</ref>.</p><ref href="/us/usc/t20/s1223">20 USC 1223</ref>.<ref href="/us/usc/t20/s1225">20 USC 1225</ref>.</sidenote> <content class="inline">by striking out section 411 and section 413;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by redesignating section 412 as 411;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">by redesignating section 414 as section 412; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">by striking out subsection (b) of such section 412, as redesignated by this paragraph, and adding in lieu thereof the following new subsections: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Notwithstanding any other provision of law, unless enacted in specific limitation of the provisions of this subsection, any funds from appropriations to carry out any programs to which this title is applicable during any fiscal year, ending prior to July 1, 1978, which are not obligated and expended by educational agencies or institutions prior to the beginning of the fiscal year succeeding the fiscal year for <page identifier="/us/stat/88/563">88 <inline class="smallCaps">Stat</inline>. 563</page>which such funds were appropriated shall remain available for obligation and expenditure by such agencies and institutions during such succeeding fiscal year.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">if any funds appropriated to carry out any applicable program are not obligated pursuant to a spending plan submitted in accordance with section 3679 (d)(2) of the Revised Statutes and become<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665</ref>.</p></sidenote> available for obligation after the institution of a judicial proceeding seeking the release of such funds, then such funds shall be available for obligation and expenditure until the end of the fiscal year which begins after the termination of such judicial proceeding.”.</content> </subsection> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">Part B of such Act is further amended—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 562.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226">20 USC 1226</ref>.</p></sidenote></chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by redesignating section 415 as 413; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by adding immediately after section 413, as redesignated by this paragraph, the following new section: <quotedContent> <section> <heading class="smallCaps centered">“contingent extension of programs</heading> <num value="414">“<inline class="smallCaps">Sec</inline>. 414. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Unless the Congress in the regular session which ends<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226a">20 USC 1226a</ref>.</p></sidenote> prior to the beginning of the terminal fiscal year—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">of the authorization of appropriations for an applicable program; or</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">of the duration of an applicable program; either—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">has passed or has formally rejected legislation which would have the effect of extending the authorization or duration (as the case may be) of that program; or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">by action of either the House of Representatives or the Senate, approves a resolution stating that the provisions of this section shall no longer apply to such program;</content> </subparagraph> </paragraph> <continuation class="fontsize10">such authorization or duration is hereby automatically extended for one additional fiscal year. The amount appropriated for such additional year shall not exceed the amount which the Congress could, under the terms of the law for which the appropriation is made, have appropriated for such program during such terminal year.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">For the purposes of clause (A) of subsection (a), the Congress shall not have been deemed to have passed legislation unless such legislation becomes law.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In any case where the Commissioner is required under an applicable statute to carry out certain acts or make certain determinations which are necessary for the continuation of an applicable program, if such acts or determinations are required during the terminal year of such program, such acts and determinations shall be required during any fiscal year in which that part of subsection (a) which follows clause (B) thereof is in operation.”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Part B of such Act is further amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by redesignating section 417 as section 419,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1227">20 USC 1227</ref>.</p></sidenote></content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by striking out “<quotedText>section 400(c)</quotedText>” in such section 419, as redesignated by this paragraph, and inserting in lieu thereof “<quotedText>section 400(d)</quotedText>”, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by adding immediately after section 414, as added by paragraph<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> (2) of this subsection, the following: <quotedContent> <subpart> <num value="2">“Subpart 2—</num> <heading class="inline">Planning and Evaluation of Federal Education Activities</heading> <section> <heading class="smallCaps centered">“program planning and evaluation</heading> <num value="416">“<inline class="smallCaps">Sec</inline>. 416. </num> <content class="inline">Sums appropriated pursuant to section 400(d) may<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226b">20 USC 1226b</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 561.</p></sidenote> include for any fiscal year for which appropriations are otherwise <page identifier="/us/stat/88/564">88 <inline class="smallCaps">Stat</inline>. 564</page>authorized under any applicable program not to exceed $25,000,000 which shall be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments, for (1) planning for the succeeding year for any such program, and (2) evaluation of such programs.</content> </section> <section> <heading class="smallCaps centered">“annual evaluation reports</heading> <num value="417">“<inline class="smallCaps">Sec</inline>. 417. </num><sidenote><p class="firstIndent1 fontsize8">Transmittal to congressional committees.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226c">20 USC 1226c</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Not later than November 1 of each year, the Secretary shall transmit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate an annual evaluation report which evaluates the effectiveness of applicable programs in achieving their legislated purposes together with recommendations relating to such programs for the improvement of such programs which will result in greater effectiveness in achieving such purposes. In the case of any evaluation report evaluating specific programs and projects, such report shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">set forth goals and specific objectives in qualitative and quantitative terms for all programs and projects assisted under the applicable program concerned and relate those goals and objectives to the purposes of such program;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">contain information on the progress being made during the previous fiscal year toward the achievement of such goals and objectives;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">describe the cost and benefits of the applicable program being evaluated during the previous fiscal year and identify which sectors of the public receive the benefits of such program and bear the costs of such program;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">contain plans for implementing corrective action and recommendations for new or amended legislation where warranted;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <content class="inline">contain a listing identifying the principal analyses and studies supporting the major conclusions and recommendations in the report; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">“(F) </num> <content class="inline">be prepared in concise summary form with necessary detailed data and appendices.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In the case of programs and projects assisted under title I of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p></sidenote>the Elementary and Secondary Education Act of 1965, the report under this subsection shall include a survey of how many of the children <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 490.</p></sidenote>counted under section 103(c) of such Act participate in such programs and projects, and how many of such children do not, and a survey of how many educationally disadvantaged children participate in such programs and projects, and how many educationally disadvantaged <sidenote><p class="firstIndent1 fontsize8">“ Educationally disadvantaged children.”</p></sidenote>children do not. For purposes of the preceding sentence, the term ‘educationally disadvantaged children’ refers to children who are achieving one or more years behind the achievement expected at the appropriate grade level for such children.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Each evaluation report submitted pursuant to subsection (a) shall contain: (1) a brief description of each contract or grant for evaluation of any program (whether or not such contract or grant was made under section 416) any part of the performance of which occurred during the preceding year, (2) the name of the firm or individual who is to carry out the evaluation, and (3) the amount to be paid under the contract or grant.</content> </subsection> </section> <section> <heading class="smallCaps centered">“renewal evaluation reports</heading> <num value="418">“<inline class="smallCaps">Sec</inline>. 418. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1226d">20 USC 1226d</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In the case of any applicable program for which—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the authorization of appropriations expires; or</content> </paragraph> <page identifier="/us/stat/88/565">88 <inline class="smallCaps">Stat</inline>. 565</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">the time during which payments or grants are to be made expires;</content> </paragraph> <continuation class="fontsize10">not later than one year prior to the date of such expiration, the Assistant Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a comprehensive evaluation report on such program.</continuation> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">Any comprehensive evaluation report submitted pursuant to subsection (a) shall contain—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">a history of the program concerned, including—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">a history of authorizations of appropriations, budget requests, appropriations, and expenditures for such programs;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">a history of legislative recommendations with respect to such program made by the President and the disposition of such recommendations, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">a history of legislative changes made in applicable statutes with respect to such program;</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">assuming a continuation of such program, recommendations for improvements (including legislative changes and funding levels) in such program with a view toward achieving the legislative purposes of such program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">a compilation and summary of all evaluations of such program; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">a recommendation with respect to whether such program should be continued, and the date of its expiration, and the reasons for such recommendation.”.</content> </paragraph> </subsection> </section> </subpart> </quotedContent> </content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by subsection (a) of this section shall<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1223">20 USC 1223 note</ref>.</p></sidenote> become effective on the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">applicability of part c</heading> <num value="507"><inline class="smallCaps">Sec</inline>. 507. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 421 of the General Education Provisions Act,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231">20 USC 1231</ref>.</p></sidenote> and all references thereto, is redesignated as section 421 A; and such Act is amended by inserting after the heading of part C of such Act the following new section: <quotedContent> <section> <heading class="smallCaps centered">“applicability</heading> <num value="421">“<inline class="smallCaps">Sec</inline>. 421. </num> <content class="inline">The provisions of this part shall apply to any program for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1230">20 USC 1230</ref>.</p></sidenote> which the Commissioner has administrative responsibility, as specified by law or by delegation of authority pursuant to law.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1230">20 USC 1230 note</ref>.</p></sidenote> and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">publication op indexed compilation of innovative projects; review of applications</heading> <num value="508"><inline class="smallCaps">Sec</inline>. 508. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part C of the General Education Provisions Act is amended by redesignating sections 424 through 427 as sections 426<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s123lc/s12314/s1231e/s1231f">20 USC 123lc, 12314, 1231e, 1231f</ref>.</p></sidenote> through 429, respectively, and by inserting after section 423 the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“compilation of assisted innovative projects</heading> <num value="424">“<inline class="smallCaps">Sec</inline>. 424. </num> <content class="inline">The Assistant Secretary shall publish annually a compilation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231b–1">20 USC 1231b–1</ref>.</p></sidenote> of all innovative projects assisted under programs administered in the Education Division, including title III and part C of title IV of the Elementary and Secondary Education Act of 1965, in any<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s841">20 USC 841</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 543.</p></sidenote> <page identifier="/us/stat/88/566">88 <inline class="smallCaps">Stat</inline>. 566</page>year funds are used to carry out such programs. Such compilation shall be indexed according to subject, descriptive terms, and locations.</content> </section> <section> <heading class="smallCaps centered">“review of applications</heading> <num value="425">“<inline class="smallCaps">Sec</inline>. 425. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231b–2">20 USC 1231b–2</ref>.</p></sidenote> <subsection class="firstIndent1"> <num value="a">(a) </num> <content class="inline">In the case of any applicable program under which financial assistance is provided to (or through) a State educational agency to be expended in accordance with a State plan approved by the Commissioner, and in the case of the program provided for in title I <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote>of the Elementary and Secondary Education Act of 1965, any applicant or recipient aggrieved by the final action of the State educational agency, and alleging a violation of State or Federal law, rules, regulations, or guidelines governing the applicable program, in (1) disapproving or failing to approve its application or program in whole or part, (2) failing to provide funds in amounts in accord with the requirements of laws and regulations, or (3) terminating further assistance for an approved program, may within thirty days request a hearing. Within thirty days after it receives such a request, the State educational agency shall hold a hearing on the record and shall review such final action. No later than ten days after the hearing the State educational agency shall issue its written ruling, including reasons therefor. If it determines such final action was contrary to Federal or State law, or the rules, regulations, and guidelines, governing such applicable program it shall rescind such final act ion.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Approval.</p></sidenote>“(b) </num> <content class="inline">Any applicant or recipient aggrieved by the failure of a State educational agency to rescind its final action after a review under such subsection (a) may appeal such action to the Commissioner. An appeal under this subsection may be taken only if notice of such appeal is filed with the Commissioner within twenty days after the applicant or recipient has been notified by the State educational agency of the results of its review under subsection (a). If, on such appeal, the Commissioner determines the final action of the State educational agency was contrary to Federal law, or the rules, regulations, and guidelines governing the applicable program, he shall issue an order to the State educational agency prescribing appropriate action to be taken by such agency. On such appeal, findings of fact of the State educational agency, if supported by substantial evidence, shall be final. The Commissioner may also issue such interim orders to State educational agencies as he may deem necessary and appropriate pending appeal or review.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Records, availability.</p></sidenote>“(c) </num> <content class="inline">Each State educational agency shall make available at reasonable times and places to each applicant or recipient under a program to which this section applies all records of such agency pertaining to any review or appeal such applicant or recipient is conducting under this section, including records of other applicants.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Noncompliance.</p></sidenote>“(d) </num> <content class="inline">If any State educational agency fails or refuses to comply with any provision of this section, or with any order of the Commissioner under subsection (b), the Commissioner shall forthwith terminate all assistance to the State educational agency under the applicable program affected.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1231b–1">20 USC 1231b–1 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by subsection (a) shall be effective on the date of enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendments to section 431 of the general education provisions act relating to rules, regulations, and other requirements of general applicability</heading> <num value="509"><inline class="smallCaps">Sec</inline>. 509. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 431 (b) of the General Education Provisions <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232">20 USC 1232</ref>.</p></sidenote>Act is amended by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(b)</quotedText>” and by adding at the end thereof the following: <quotedContent> <page identifier="/us/stat/88/567">88 <inline class="smallCaps">Stat</inline>. 567</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">During the thirty-day period prior to the date upon which such standard, rule, regulation, or general requirement is to be effective, the Commissioner shall, in accordance with the provisions of section 553 of title 5, United States Code, offer any interested party an opportunity to make comment upon, and take exception to, such standard, rule, regulation, or general requirement and shall reconsider any such standard, rule, regulation, or general requirement upon which comment is made or to which exception is taken.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">If the Commissioner determines that the thirty-day requirement in paragraph (1) will cause undue delay in the implementation of a regulation, thereby causing extreme hardship for the intended beneficiaries of an applicable program, he shall notify the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate. If neither committee<sidenote><p class="firstIndent1 fontsize8">Waiver.</p></sidenote> disagrees with the determination of the Commissioner within 10 days after such notice, the Commissioner may waive such requirement with respect to such regulation.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 431 of such Act is amended by adding at the end thereof<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 566.</p></sidenote> the following new subsections: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Concurrently with the publication in the Federal Register<sidenote><p class="firstIndent1 fontsize8">Transmittal to Speaker of the House and President of the Senate.</p></sidenote> of any standard, rule, regulation, or requirement of general applicability as required in subsection (b) of this section, such standard, rule, regulation, or requirement shall be transmitted to the Speaker of the House of Representatives and the President of the Senate. Such standard, rule, regulation, or requirement shall become effective<sidenote><p class="firstIndent1 fontsize8">Effective date.</p></sidenote> not less than forty-five days after such transmission unless the Congress shall, by concurrent resolution, find that the standard, rule, regulation, or requirement is inconsistent with the Act from which it derives its authority, and disapprove such standard, rule, regulation, or requirement.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The forty-five-day period specified in paragraph (1) shall be deemed to run without interruption except during periods when either House is in adjournment sine die, in adjournment subject to the call of the Chair, or in adjournment to a day certain for a period of more than four consecutive days. In any such period of adjournment, the forty-five days shall continue to run, but if such period of adjournment is thirty calendar days, or less, the forty-five-day period shall not be deemed to have elapsed earlier than ten days after the end of such adjournment. In any period of adjournment which lasts more than thirty days, the forty-five-day period shall be deemed to have elapsed after thirty calendar days has elapsed, unless, during those thirty calendar days, either the Committee on Education and Labor of the House of Representatives, or the Committee on Labor and Public Welfare of the Senate, or both, shall have directed its chairman, in accordance with said committee’s rules, and the rules of that House, to transmit to the appropriate department or agency head a formal statement of objection to the proposed standard, rule, regulation, or requirement. Such letter shall suspend the effective date of the standard, rule, regulation, or requirement until not less than twenty days after the end of such adjournment, during which the Congress may enact the concurrent resolution provided for in this subsection. In no event shall the standard, ride, regulation, or requirement go into effect until the forty-five-day period shall have elapsed, as provided for in this subsection, for both Houses of the Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">Whenever a concurrent resolution of disapproval is enacted by the Congress under the provisions of this section, the agency which issued such standard, rule, regulation, or requirement may thereafter issue a modified standard, rule, regulation, or requirement to <page identifier="/us/stat/88/568">88 <inline class="smallCaps">Stat</inline>. 568</page>govern the same or substantially identical circumstances, but shall, in publishing such modification in the Federal Register and submitting it to the Speaker of the House of Representatives and the President of the Senate, indicate how the modification differs from the proposed standard, rule, regulation, or requirement of general applicability earlier disapproved, and how the agency believes the modification disposes of the findings by the Congress in the concurrent resolution of disapproval.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">For the purposes of subsections (d) and (e) of this section, <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221d/s1221e">20 USC 1221d, 1221e</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 556.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1681">20 USC 1681</ref>.</p></sidenote>activities under sections 104, 405, and 406 of this title, and under title IX of the Education Amendments of 1972 shall be deemed to be applicable programs.</content> </subsection> <subsection class="firstIndent1"> <num value="g"><sidenote><p class="firstIndent1 fontsize8">Schedule, submittal to congressional committees.</p></sidenote>“(g) </num> <content class="inline">Not later than sixty days after the enactment of any part of any Act affecting the administration of any applicable program, the Commissioner shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate a schedule in accordance with which the Commissioner has planned to promulgate rules, regulations, and guidelines implementing such Act or part of such Act. Such schedule shall provide that all such rules, regulations, and guidelines shall be promulgated within one hundred and eighty days after the submission of such schedule. Except as is provided in the following sentence, all such rules, regulations, and guidelines shall be promulgated in accordance with such schedule. If the Commissioner finds that, due to circumstances unforseen at the time of the submission of any such schedule, he cannot comply with a schedule submitted pursuant to this subsection, he shall notify such committees of such finding and submit a new schedule. If both such committees notify the Commissioner of their approval of such new schedule, such rules, regulations, and guidelines shall be promulgated in accordance with such new schedule.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232">20 USC 1232 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by paragraph (2) of subsection (a) shall be effective on the date of enactment of this Act and shall be effective with respect to the provisions of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">audits and recordkeeping</heading> <num value="510"><inline class="smallCaps">Sec</inline>. 510. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/stat/84/169">84 Stat. 169</ref>; <ref href="/us/stat/86/326">86 Stat. 326</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232c">20 USC 1232c</ref>.</p></sidenote> <content class="inline">Section 434(a) of the General Education Provisions Act is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <num value="434">“<inline class="smallCaps">Sec</inline>. 434. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Each recipient of Federal funds under any applicable program through any grant, subgrant, contract, subcontract, loan, or other arrangement entered into (other than by formal advertising) shall keep such records as the Assistant Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such funds are given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall, until the expiration of five years after the completion of the project or undertaking to which reference is made in paragraph (1), have access, for the purpose of audit and examination, to any books, documents, papers, and records of such recipients which, in the opinion of the Comptroller General, after consultation with the Assistant Secretary, may be related, or pertinent to, the grants, subgrants, contracts, subcontracts, loans, or other arrangements to which reference is made in paragraph (1).”.</content> </paragraph> </subsection> </section> </quotedContent> </content> </section> <page identifier="/us/stat/88/569">88 <inline class="smallCaps">Stat</inline>. 569</page> <section> <heading class="smallCaps centered">simplified state application</heading> <num value="511"><inline class="smallCaps">Sec</inline>. 511. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 434 of the General Education Provisions Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232c">20 USC 1232c</ref>.</p></sidenote> is amended by striking out subsection (b) thereof and inserting in lieu thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1)</num> <subparagraph class="inline"> <num value="A">(A) </num> <chapeau class="inline">In the case of any State which applies, contracts, or submits a plan, for participation in any applicable program in which Federal funds are made available for assistance, to local educational agencies through, or under the supervision of the State educational agency of that State, such State shall submit to, and maintain on file with, the Commissioner a general application meeting the requirements of this subsection. Such general application shall (i) provide for the submission by the State and approval by the Commissioner of an annual program plan with respect to the particular programs in which the State desires to participate and (ii) provide assurances—</chapeau> <subclause class="indent4 fontsize10"> <num value="I">“(I) </num> <content class="inline">that the State will, through its State educational agency, provide for such methods of administration as are necessary for the proper and efficient administration of the programs to which the general application applies;</content> </subclause> <subclause class="indent4 fontsize10"> <num value="II">“(II) </num> <content class="inline">that the State will make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the St ates under any applicable program;</content> </subclause> <subclause class="indent4 fontsize10"> <num value="III">“(III) </num> <content class="inline">that the State will make provision for making such reports as the Commissioner may require to carry out his functions;</content> </subclause> <subclause class="indent4 fontsize10"> <num value="IV">“(IV) </num> <content class="inline">that the State will follow such policies and use such methods and practices of administration as will insure that non-Federal funds will not be supplanted by Federal funds; and</content> </subclause> <subclause class="indent4 fontsize10"> <num value="V">“(V) </num> <content class="inline">that the State will submit to, and have approved by, the Commissioner an annual program plan in accordance with subparagraph (B).</content> </subclause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <chapeau class="inline">The annual program plan submitted by any State for any fiscal<sidenote><p class="firstIndent1 fontsize8">Annual program plan.</p></sidenote> year with respect to any program to which this paragraph applies shall—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">be prepared and administered in a manner consistent with specific State plan requirements of the appropriate applicable statutes affecting the program for which the annual program plan is applicable;</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">set forth a statement describing the purposes for which Federal funds will be expended during the fiscal year for which the annual program plan is submitted; and</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">“(iii) </num> <content class="inline">comply in all other respects with the specific requirements of the appropriate applicable statutes.</content> </clause> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In accordance with determinations and regulations of the Commissioner, the requirements of paragraph (1) shall be in lieu of comparable requirements for State plans tn applicable statutes authorizing appropriations for programs to which paragraph (1) applies,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <chapeau class="inline">In the case of any application for assistance under any applicable program to which paragraph (1) does not apply and with respect to which the Commissioner determines that this section would simplify the administration of an applicable program, each such application shall be submitted to the Commissioner at such time, in such manner, and containing such information as the Commissioner shall prescribe by regulation and, as a precondition for approval, shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">provide for such methods of administration as are necessary for the proper and efficient administration of the program or project for which application is made;</content> </subparagraph> <page identifier="/us/stat/88/570">88 <inline class="smallCaps">Stat</inline>. 570</page> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">make provision for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the applicant under the application; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">provide for making such reports as the Commissioner may require to carry out his functions.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Noncompliance.</p></sidenote>“(c) </num> <content class="inline">Whenever the Commissioner, after reasonable notice and an opportunity for hearing, finds that there has been a failure, by any recipient of funds under any applicable program, to comply substantially with the terms to which such recipient has agreed in order to receive such funds, the Commissioner shall notify such recipient that further payments will not be made to such recipient under that program until he is satisfied that such recipient no longer fails to comply with such terms. Until the Commissioner is so satisfied, no further payments shall be made to such recipient. Pending the outcome of any termination proceeding initiated under this paragraph, the Commissioner may suspend payments to such recipient, after such recipient has been given reasonable notice and opportunity to show cause why such action should not be taken.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Judicial review.</p></sidenote>“(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">If any State has submitted an application for funds under any applicable program under which appropriations for such program are, by the applicable statute, allotted or apportioned among the States or under which the State (or local educational agencies in that State) is entitled to a portion of an appropriation therefor and the Commissioner disapproves such application, or if the Commissioner withholds payments to a State under paragraph (1) of subsection (c), that State shall be entitled to judicial review of the actions of the Commissioner in accordance with the provisions of this paragraph.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">If any State, under circumstances qualifying for judicial review under this paragraph, desires judicial review of the Commission’s action, such State may, within sixty days of such action, file with the United States Court of Appeals for the circuit in which such State is located a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based the action brought under this division, as provided in section 2112 of title 28, United States Code.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">“Application.”</p></sidenote>“(e) </num> <chapeau class="inline">For the purposes of this section, the term ‘application’ includes—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">an application for a grant;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">an offer to make a contract;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">a State plan for the administration of an applicable program;</content> </paragraph> <page identifier="/us/stat/88/571">88 <inline class="smallCaps">Stat</inline>. 571</page> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">State assurances with respect to the administration of such a program; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">any other methods for seeking Federal funds from the Commissioner of Education j</content> </paragraph> <continuation class="fontsize10">under which an agency, institution, organization, or other organized entity may become the recipient of Federal funds.”.</continuation> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The amendments made by subsection (a) shall be effective<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232c">20 USC 1232c note</ref>.</p></sidenote> on and after July 1, 1974.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Nothing in the amendment made by subsection (a) shall be<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232c">20 USC 1232c note</ref>.</p></sidenote> construed to affect, the applicability of chapter 5 of title 5, United States Code, to the Office of Education or actions by the Commissioner.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s500">5 USC 500</ref>.</p></sidenote></content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">furnishing information</heading> <num value="512"><inline class="smallCaps">Sec</inline>. 512. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Fart C of the General Education Provisions Act is further amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“responsibility of states to furnish information</heading> <num value="437">“<inline class="smallCaps">Sec</inline>. 437. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall require that each State submit<sidenote><p class="firstIndent1 fontsize8">Report to Commissioner.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232f">20 USC 1232f</ref>.</p></sidenote> to him, within sixty days after the end of any fiscal year, a report on the uses of Federal funds in that State under any applicable program for which the State is responsible for administration. Such report shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">list all grants and contracts made under such program to the local educational agencies and other public and private agencies and institutions within such State during such year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">include the total amount of funds available to the State under each such program for such fiscal year and specify from which appropriation Act or Acts these funds were available;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">with respect to the second preceding fiscal year, include a compilation of reports from local educational agencies and other public and private agencies and institutions within such State which sets forth the amount of such Federal funds received by each such agency and the purposes for which such funds were expended;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">with respect to such second preceding fiscal year, include a statistical report on the individuals served or affected by programs, projects, or activities assisted with such Federal funds; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">be made readily available by the State to local educational agencies and other public and private agencies and institutions within the State, and to the public.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">On or before October 15 of each year, the Commissioner shall<sidenote><p class="firstIndent1 fontsize8">Report analysis and statistical data, submittal to congressional committees.</p></sidenote> submit to the Committee on Labor and Public Welfare of the Senate and to the Committee on Education and Labor of the House of Representatives an analysis of these reports and a compilation of statistical data derived therefrom.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232f">20 USC 1232f note</ref>.</p></sidenote> enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">protection of the rights and privacy of parents and students</heading> <num value="513"><inline class="smallCaps">Sec</inline>. 513. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part C of the General Education Provisions Act is<sidenote><p class="firstIndent1 fontsize8">Family Educational Rights and Privacy Act of 1974.</p></sidenote> further amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“protection of the rights and privacy of parents and students</heading> <num value="438">“<inline class="smallCaps">Sec</inline>. 438. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">No funds shall be made available under any applicable<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232g">20 USC 1232g</ref>.</p></sidenote> program to any State or local educational agency, any institution of higher education, any community college, any school, agency <page identifier="/us/stat/88/572">88 <inline class="smallCaps">Stat</inline>. 572</page>offering a preschool program, or any other educational institution which has a policy of denying, or which effectively prevents, the parents of students attending any school of such agency, or attending such institution of higher education, community college, school, preschool, or other educational institution, the right to inspect and review any and all official records, files, and data directly related to their children, including all material that is incorporated into each student’s cumulative record folder, and intended for school use or to be available to parties outside the school or school system, and specifically including, but not necessarily limited to, identifying data, academic work completed, level of achievement (grades, standardized achievement test scores), attendance data, scores on standardized intelligence, aptitude, and psychological tests, interest inventory results, health data, family background information, teacher or counselor ratings and observations, and verified reports of serious or recurrent behavior patterns. Where such records or data include information on more than one student, the parents of any student shall be entitled to receive, or be informed of, that part of such record or data as pertains to their child. Each recipient shall establish appropriate procedures for the granting of a request by parents for access to their child’s school records within a reasonable period of time, but in no case more than forty-five days after the request has been made.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Hearing.</p></sidenote>“(2) </num> <content class="inline">Parents snail have an opportunity for a hearing to challenge the content of their child’s school records, to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data contained therein.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Release of records parental consent requirement.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">No funds shall be made available under any applicable program to any State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy of permitting the release of personally identifiable records or files (or personal information contained therein) of students without the written consent of their parents to any individual, agency, or organization, other than to the following—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">other school officials, including teachers within the educational institution or local educational agency who have legitimate educational interests;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">officials of other schools or school systems in which the student intends to enroll, upon condition that the student’s parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">authorized representatives of (i) the Comptroller General of the United States, (ii) the Secretary, (iii) an administrative head of an education agency (as defined in section 409 of this Act), or (iv) State educational authorities, under the conditions set forth in paragraph (3) of this subsection; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">in connection with a student’s application for, or receipt of, financial aid.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">No funds shall be made available under any applicable program to any State or local educational agency, any institution of higher education, any community college, any school, agency offering a preschool program, or any other educational institution which has a policy or practice of furnishing, in any form, any personally identifiable information contained in personal school records, to any persons other than those listed in subsection (b)(1) unless—</chapeau> <page identifier="/us/stat/88/573">88 <inline class="smallCaps">Stat</inline>. 573</page> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">there is written, consent from the student’s parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student’s parents and the student if desired by the parents, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">Nothing contained in this section shall preclude authorized<sidenote><p class="firstIndent1 fontsize8">Records, accessibility for audit.</p></sidenote> representatives of (A) the Comptroller General of the United States, (B) the Secretary, (C) an administrative head of an education agency or (D) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education program, or in connection with the enforcement of the Federal legal requirements which relate to such programs: <proviso><i>Provided</i>, That, except when collection of personally identifiable data is specifically authorized by Federal law, any data collected by such officials with respect to individual students shall not include information (including social security numbers) which would permit the personal identification of such students or their parents after the data so obtained has been collected.</proviso></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">With respect to subsections (c)(1) and (c)(2) and (c)(3),<sidenote><p class="firstIndent1 fontsize8">Written request.</p></sidenote> all persons, agencies, or organizations desiring access to the records of a student shall be required to sign a written form which shall be kept permanently with the file of the student, but only for inspection by the parents or student, indicating specifically the legitimate educational or other interest that each person, agency, or organization has in seeking this information. Such form shall be available to parents and to the school official responsible for record maintenance as a means of auditing the operation of the system.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Secretary shall adopt appropriate regulations to protect<sidenote><p class="firstIndent1 fontsize8">Surveys.</p></sidenote> the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education, agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an, institution of post-secondary education the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">No funds shall be made available under any applicable program unless the recipient of such funds informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.</content> </subsection> <subsection class="firstIndent1"> <num value="f">“(f) </num> <content class="inline">The Secretary, or an administrative head of an education agency, shall take appropriate actions to enforce provisions of this section and to deal with violations of this section, according to the provisions of this Act, except that, action to terminate assistance may <page identifier="/us/stat/88/574">88 <inline class="smallCaps">Stat</inline>. 574</page>be taken only if the Secretary finds there has been a failure to comply with the provisions of this section, and he has determined that compliance cannot be secured by voluntary means.</content> </subsection> <subsection class="firstIndent1"> <num value="g">“(g) </num> <content class="inline">The Secretary shall establish or designate an office and review board within the Department of Health, Education, and Welfare for the purpose of investigating, processing, reviewing, and adjudicating violations of the provisions of this section and complaints which may be filed concerning alleged violations of this section, according to the <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 568–571.</p></sidenote>procedures contained in sections 434 and 437 of this Act.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232g">20 USC 1232g note</ref>.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">The provisions of this section shall become effective ninety days after the date of enactment of section 438 of the General Education Provisions Act.</content> </clause> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232g">20 USC 1232g note</ref>.</p></sidenote>(2)</num> <clause class="inline"> <num value="i">(i) </num> <content class="inline">This section may be cited as the “<shortTitle role="section">Family Educational Rights and Privacy Act of 1974</shortTitle>”.</content> </clause> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">protection of pupil rights</heading> <num value="514"><inline class="smallCaps">Sec</inline>. 514. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part C of the General Education Provisions Act is <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 571.</p></sidenote>further amended by adding after section 438 the following new section: <quotedContent> <section> <heading class="smallCaps centered">“protection of pupil rights</heading> <num value="439">“<inline class="smallCaps">Sec</inline>. 439. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232h">20 USC 1232h</ref>.</p></sidenote> <content class="inline">All instructional material, including teacher’s manuals, films, tapes, or other supplementary instructional material which will be used in connection with any research or experimentation program or project shall be available for inspection by the parents or guardians <sidenote><p class="firstIndent1 fontsize8">Definitions.</p></sidenote>of the children engaged in such program or project. For the purpose of this section ‘research or experimentation program or project’ means any program or project in any applicable program designed to explore or develop new or unproven teaching methods or techniques.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1232h">20 USC 1232h note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">limitation on withholding of federal funds</heading> <num value="515"><inline class="smallCaps">Sec</inline>. 515. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part C of the General Education Provisions Act is <sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote>further amended by adding after section 439 the following new section: <quotedContent> <section> <heading class="smallCaps centered">“limitation on withholding of federal funds</heading> <num value="440">“<inline class="smallCaps">Sec</inline>. 440. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s12321">20 USC 12321</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 572.</p></sidenote> <content class="inline">Except as provided in section 438(b)(1)(D) of this Act, the refusal of a State or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution to provide personally identifiable data on students or their families, as a part of any applicable program, to any Federal office, agency, department, or other third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of students or their parents, shall not constitute sufficient grounds for the suspension or termination of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a refusal to consider, or a delay in the consideration of, funding for such a recipient in succeeding fiscal years. In the case of any dispute arising under this section, reasonable notice and opportunity for a hearing shall be afforded the applicant.”.</content> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s12321">20 USC 12321 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon enactment of this Act.</content> </subsection> </section> <page identifier="/us/stat/88/575">88 <inline class="smallCaps">Stat</inline>. 575</page> <section> <heading class="smallCaps centered">appointment of members of and functioning of advisory councils</heading> <num value="516"><inline class="smallCaps">Sec</inline>. 516. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 443 of the General Education Provisions Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233b">20 USC 1233b</ref>.</p></sidenote> is amended by inserting “<quotedText>(a)</quotedText>” after “<quotedText>Sec. 433.</quotedText>” and by adding at the end thereof the following: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Where the President fails to appoint a member to fill a vacancy in the membership of a Presidential advisory council within sixty days after it occurs (or after the effective date of the statute creating such council), then the Secretary shall immediately appoint a member to fill such vacancy.”.</content> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233b">20 USC 1233b note</ref>.</p></sidenote> enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">other amendments relating to advisory councils</heading> <num value="517"><inline class="smallCaps">Sec</inline>. 517. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 445 of the General Education Provisions Act is amended by adding at the end thereof the following new<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233d">20 USC 1233d</ref>.</p></sidenote> subsection: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d) </num> <chapeau class="inline">No employee of an advisory council, appointed and compensated pursuant to this section, shall be compensated at a rate in excess of that which such employee would receive if such employee were appointed subject to the appropriate provisions of title 5, United States Code, regarding appointments to, and compensation with<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101 <i>et seq</i></ref>.</p></sidenote> respect to, the competitive service, except that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">executive directors of Presidential advisory councils shall be compensated at the rate specified for employees placed in grade 18 of the General Schedule set forth in section 5332 of such title 5;<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">executive directors of all other statutory advisory councils shall be compensated at the rate provided for employees in grade 15 of such General Schedule; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">in accordance with regulations promulgated by the Assistant Secretary, other employees of advisory councils shall be compensated at such rates as may be necessary to enable such advisory councils to accomplish their purposes.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Such section 445 is amended by striking out “<quotedText>Commissioner</quotedText>” where it appears and inserting in lieu thereof “<quotedText>Assistant Secretary.</quotedText>”</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 447(b) of the General Education Provisions Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233f">20 USC 1233f</ref>.</p></sidenote> amended by striking out “<quotedText>each statutory advisory council</quotedText>” and inserting in lieu thereof “<quotedText>each advisory council which is subject to the operation of this part</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">relation to other laws</heading> <num value="518"><inline class="smallCaps">Sec</inline>. 518. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part D of the General Education Provisions Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233">20 USC 1233</ref>.</p></sidenote> amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“relation to other laws</heading> <num value="449">“<inline class="smallCaps">Sec</inline>. 449. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">No provision of any law establishing, authorizing the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233h">20 USC 1233h</ref>.</p></sidenote> establishment of, or controlling the operation of, an advisory council which is not consistent with the provisions of this part shall apply to any advisory council to which this part applies.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The provisions of subsections (e) and (f) of section 10 of the Federal Advisory Committee Act shall not apply to Presidential advisory councils (as defined in section 441).”</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendment made by subsection (a) shall be effective upon<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233h">20 USC 1233h note</ref>.</p></sidenote> enactment of this Act.</content> </subsection> </section> <page identifier="/us/stat/88/576">88 <inline class="smallCaps">Stat</inline>. 576</page> <section> <heading class="smallCaps centered">office of libraries and learning resources</heading> <num value="519"><inline class="smallCaps">Sec</inline>. 519. </num><sidenote><p class="firstIndent1 fontsize8">Establishment.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221i">20 USC 1221i</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There is established, in the Office of Education, an Office of Libraries and Learning Resources (hereafter in this section referred to as the “Office”), through which the Commissioner shall administer all programs in the Office of Education related to assistance for, and encouragement of, libraries and information centers and education technology.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Office shall be headed by a Director, to whom the Commissioner shall delegate his delegable functions with respect to the programs administered through the Office.</content> </subsection> </section> <num value="VI">TITLE VI—</num> <heading class="inline">EXTENSION AND REVISION OF RELATED ELEMENTARY AND SECONDARY EDUCATION PROGRAMS</heading> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Adult Education</inline></heading> <section> <heading class="smallCaps centered">definition of “community school program”</heading> <num value="601"><inline class="smallCaps">Sec</inline>. 601. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1202">20 USC 1202</ref>.</p></sidenote> <content class="inline">Section 303 of the Adult Education Act is amended by (1) redesignating subsections (e), (f), (g), (h),and (i), and all references thereto, as subsections (f), (g), (h), (i), and (j), respectively, and (2) inserting after subsection (d) the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">The term ‘community school program’ is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community.”.</content> </subsection> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">special projects reservation eliminated</heading> <num value="602"><inline class="smallCaps">Sec</inline>. 602. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1203">20 USC 1203</ref>.</p></sidenote> <content class="inline">Section 304 of the Adult Education Act is amended (1) by striking out subsection (a), and (2) by striking out in subsection (b) the following: “<quotedText>(b) From the remainder of such sums, the</quotedText>” and inserting in lieu thereof “<quotedText>The</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">new state plan requirements</heading> <num value="603"><inline class="smallCaps">Sec</inline>. 603. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1205">20 USC 1205</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 306 of the Adult Education Act is amended by redesignating clauses (6), (7), (8), and (9), and all references thereto, as clauses (8), (9), (10), and (11), respectively, and by inserting after clause (5) of such section the following new clauses: <quotedContent> <clause class="indent3 fontsize10"> <num value="6">“(6) </num> <content class="inline">provide for cooperation with manpower development and training programs and occupational education programs, and for coordination of programs carried on under this title with other programs, including reading improvement programs, designed to provide reading instruction for adults carried on by State and local agencies;</content> </clause> <clause class="indent3 fontsize10"> <num value="7">“(7) </num> <content class="inline">provide that such agency will make available not to exceed 20 per centum of the State’s allotment for programs of equivalency for a certificate of graduation from a secondary school;”.</content> </clause> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 306(a)(1) of such Act is amended by inserting after “<quotedText>adult population</quotedText>” the following: “<quotedText>, including institutionalized persons,</quotedText>” and by inserting before the semicolon at the end thereof a <page identifier="/us/stat/88/577">88 <inline class="smallCaps">Stat</inline>. 577</page>comma and the following: “<quotedText>That not to exceed 20 per centum of the funds used to carry out this Act for any fiscal year may be used for the education of institutionalized persons</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">use of funds for special projects</heading> <num value="604"><inline class="smallCaps">Sec</inline>. 604. </num> <content class="inline">Section 309 of the Adult Education Act is amended to read<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208">20 USC 1208</ref>.</p></sidenote> as follows: <quotedContent> <section> <heading class="smallCaps centered">“use of funds for special experimental demonstration projects and teacher training</heading> <num value="309">“<inline class="smallCaps">Sec</inline>. 309. </num> <chapeau class="inline">Of the funds allotted to a State under section 305 for a fiscal year, not less than 15 per centum shall be used for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">special projects which will be carried out in furtherance of the purposes of this title, and which—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">involve the use of innovative methods, systems, materials, or programs which may have national significance or be of special value in promoting effective programs under this title, or</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">involve programs of adult education which are part of community school programs, carried out in cooperation with other Federal, federally assisted, State, or local programs which have unusual promise in promoting a comprehensive or coordinated approach to the problems of persons with educational deficiences; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">training persons engaged, or preparing to engage, as personnel in programs designed to carry out the purposes of this title.”.</content> </paragraph> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">clearinghouse on adult education</heading> <num value="605"><inline class="smallCaps">Sec</inline>. 605. </num> <content class="inline">The Adult Education Act is amended by inserting immediately after section 309 thereof the following new section:<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“clearinghouse on adult education</heading> <num value="309A">“<inline class="smallCaps">Sec</inline>. 309A. </num> <content class="inline">The Commissioner shall establish and operate a clearinghouse<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208–1">20 USC 1208–1</ref>.</p></sidenote> on adult education, which shall collect and disseminate to the public information pertaining to the education of adults and adult education programs, together with ways of coordinating adult education programs with manpower and other education programs. The<sidenote><p class="firstIndent1 fontsize8">Contract authority.</p></sidenote> Commissioner is authorized to enter into contracts with public agencies or private organizations to operate the clearinghouse established or designated under this section.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">state advisory councils</heading> <num value="606"><inline class="smallCaps">Sec</inline>. 606. </num> <content class="inline">The Adult Education Act is amended by inserting immediately after section 310 thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“state advisory councils</heading> <num value="310A">“<inline class="smallCaps">Sec</inline>. 310A. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Any State which receives assistance under this title<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208b">20 USC 1208b</ref>.</p></sidenote> may establish and maintain a State advisory council, or may designate and maintain an existing State advisory council, which shall be, or has been, appointed by the Governor or, in the case of a State in which members of the State board which governs the State education agency are elected (including election by the State legislature), by such board.</content> </subsection> <page identifier="/us/stat/88/578">88 <inline class="smallCaps">Stat</inline>. 578</page> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Such a State advisory council shall include as members persons who, by reason of experience or training, are knowledgeable in the field of adult education or who are officials of the State educational agency or of local educational agencies of that State, persons who are or have received adult educational services, and persons who are representative of the general public.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <chapeau class="inline">Such a State advisory council, in accordance with regulations prescribed by the Commissioner, shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">Advise the State educational agency on the development of, and policy matters arising in, the administration of the State <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 576; <i>Infra</i>.</p></sidenote>plan approval pursuant to section 306;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">advise with respect to long-range planning and studies to evaluate adult education programs, services, and activities assisted under this Act; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C"><sidenote><p class="firstIndent1 fontsize8">Annual Report.</p></sidenote>“(C) </num> <content class="inline">prepare and submit to the State educational agency, and to the National Advisory Council for Adult Education established <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208a">20 USC 1208a</ref>.</p></sidenote>pursuant to section 310, an annual report of its recommendations, accompanied by such additional comments of the State educational agency as that agency deems appropriate.</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">Upon the appointment of any such advisory council, the appointing authority under subsection (a) of this section shall inform the Commissioner of the establishment of, and membership of, its State advisory council. The Commissioner shall, upon receiving such information, certify that each such council is in compliance with the membership requirements set forth in subsection (b)(1) of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">Each such State advisory council shall meet within thirty days after certification has been accepted by the Commissioner under subsection (c) of this section and select from among its membership a chairman. The time, place, and manner of subsequent meetings shall be provided by the rules of the State advisory council, except that such rules shall provide that each such council meet at least four times each year, including at least one public meeting at which the public is given the opportunity to express views concerning adult education.</content> </subsection> <subsection class="firstIndent1"> <num value="e">“(e) </num> <content class="inline">Each such State advisory council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this section.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">amendments relating to bilingual education</heading> <num value="607"><inline class="smallCaps">Sec</inline>. 607. </num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 576.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 306(a) of the Adult Education Act is amended by striking out “<quotedText>and</quotedText>” at the end of clause (10) of such section, by redesignating clause (11), and all references thereto, as clause (12), and by adding after clause (10) the following new clause: <quotedContent> <clause class="indent3 fontsize10"> <num value="11">“(11) </num> <content class="inline">provide that special assistance be given to the needs of persons of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 504.</p></sidenote>Act of 1965), by providing bilingual adult education programs in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education program, in the native language of such persons, carried out in coordination with programs of bilingual education <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 503.</p></sidenote>assisted under such title VII and bilingual vocational education <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1241">20 USC 1241 note</ref>.</p></sidenote>programs under the Vocational Education Act of 1963; and”</content> </clause> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208">20 USC 1208</ref>.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 309(b)(1) of such Act is amended by inserting a comma and “<quotedText>including methods for educating persons of limited English-speaking ability</quotedText>” immediately after “<quotedText>methods</quotedText>”.</content> </paragraph> <page identifier="/us/stat/88/579">88 <inline class="smallCaps">Stat</inline>. 579</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 309(b)(2) of such Act is amended by inserting a comma<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1208">20 USC 1208</ref>.</p></sidenote> and “<quotedText>including education for persons of limited English-speaking ability</quotedText>” immediately after “<quotedText>education</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 311(d) of such Act is amended by inserting a comma<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1209">20 USC 1209</ref>.</p></sidenote> and “<quotedText>including education for persons of limited English-speaking ability in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education program, in the native language of such persons</quotedText>” immediately after “<quotedText>adult education</quotedText>”.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">extension of authorizations of appropriations; technical amendments</heading> <num value="608"><inline class="smallCaps">Sec</inline>. 608. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Section 313(a) of the Adult Education Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1211">20 USC 1211</ref>.</p></sidenote> amended—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">by striking out “<quotedText>section 310</quotedText>” and inserting in lieu thereof “<quotedText>sections 310 and 314</quotedText>”;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">by striking out the word “<quotedText>and</quotedText>” after “<quotedText>June, 30, 1971,</quotedText>”; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">by inserting after “<quotedText>June 30, 1973,</quotedText>” the following: “<quotedText>$150,000,000 for each of the fiscal years ending June 30, 1974, and June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, and $200,000,000 for each of the fiscal years ending June 30, 1977, and June 30, 1978: <proviso><i>Provided</i>, That, effective with respect to fiscal years after June 30, 1974, grants to each State under section 305 shall not be less than 90 per centum of the grants made to such State agencies in fiscal year 1973.</proviso></quotedText>”</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 314(d) of such Act, is amended by striking out “<quotedText>two</quotedText>”<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1211a">20 USC 1211a</ref>.</p></sidenote> and inserting after “<quotedText>years</quotedText>” the following: “<quotedText>ending prior to July 1, 1978</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">effective dates</heading> <num value="609"><inline class="smallCaps">Sec</inline>. 609. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The amendments made by this part shall be effective<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1202">20 USC 1202 note</ref>.</p></sidenote> on the date of enactment of this Act, except that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the amendments made by section 608 shall be effective on and after July 1, 1973; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the amendments made by sections 603 and 607 shall be effective on, and with respect to appropriations for fiscal years beginning after June 30, 1973.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by sections 603 and 604 shall not take effect with respect to any multi-year program or project approved prior to the date of enactment of this Act.</content> </subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Education of the Handicapped</inline></heading> <section> <heading class="smallCaps centered">short title</heading> <num value="611"><inline class="smallCaps">Sec</inline>. 611. </num> <content class="inline">This title may be cited as the “<shortTitle role="title">Education of the Handicapped<sidenote><p class="firstIndent1 fontsize8">Education of the Handicapped Amendments of 1974.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1402">20 USC 1402 note</ref>.</p></sidenote> Amendments of 1974</shortTitle>”,</content> </section> <section> <heading class="smallCaps centered">bureau for the education and training of the handicapped</heading> <num value="612"><inline class="smallCaps">Sec</inline>. 612. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 603 of the. Education of the Handicapped Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1402">20 USC 1402</ref>.</p></sidenote> is amended by inserting “<quotedText>(a)</quotedText>” after “<quotedText>Sec. 603.</quotedText>” and by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Bureau established under subsection (a) shall be headed by a Deputy Commissioner of Education who shall be appointed by the Commissioner, who shall report directly to the Commissioner, be compensated at the rate specified for, and placed in, grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote></content> </paragraph> <page identifier="/us/stat/88/580">88 <inline class="smallCaps">Stat</inline>. 580</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">In addition to such Deputy Commissioner, there shall be placed in such Bureau five positions for persons to assist the Deputy Commissioner in carrying out his duties, including the position of Associate Deputy Commissioner, and such positions shall be placed in grade 16 of the General Schedule set forth in section 5332 of title 5, United <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332 note</ref>.</p></sidenote>States Code.”.</content> </paragraph> </subsection> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1402">20 USC 1402 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 579.</p></sidenote>(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The positions created by subsection (b) of section 603 of the Education of the Handicapped Act shall be in addition to the number of positions placed in the appropriate grades under section 5108 of title 5, United States Code, and such positions shall be in addition to, and without prejudice against, the number of positions otherwise placed in the Office of Education under such section 5108 or under other law. Nothing in this section shall be deemed as limiting the Commissioner from assigning additional General Schedule positions in grades 16, 17, and 18 to the Office should he determine such additions to be necessary to operate programs for educating handicapped children authorized by this Act.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1402">20 USC 1402 note</ref>.</p></sidenote>(2) </num> <content class="inline">The amendments made by subsection (a) shall become effective upon the enactment of this Act.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">advisory committee</heading> <num value="613"><inline class="smallCaps">Sec</inline>. 613. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 604(b) of the Education of the Handicapped <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1403">20 USC 1403</ref>.</p></sidenote>Act is amended by adding at the end thereof the following new sentence; “<quotedText>The Advisory Committee shall continue to exist until July 1, 1977.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 604 of such Act is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">There are authorized to be appropriated for the purposes of this section $100,000 for the fiscal year ending June 30, 1974, and for each of the three succeeding fiscal years.”.</content> </subsection> </quotedContent> </content> </subsection> </section> <section> <heading class="smallCaps centered">state entitlements</heading> <num value="614"><inline class="smallCaps">Sec</inline>. 614. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1411 and">20 USC 1411 and note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Effective for fiscal year 1975 only, section 611 of the Education of the Handicapped Act is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“grants to states for education of handicapped children</heading> <num value="611">“<inline class="smallCaps">Sec</inline>. 611. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner shall, in accordance with the provisions of this part, make payments to States for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels in order to provide full educational opportunities to all handicapped children. Such payments may be used for the early identification and assessment of handicapping conditions in children under three years of age.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412</ref>.</p></sidenote>“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Subject to the provisions of section 612, the maximum amount of the grant to which a State shall be entitled under this part, shall be equal to—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">the number of children aged three to twenty-one inclusive, in that State in the most recent fiscal year for which satisfactory data are available;</content> </subparagraph> <continuation class="fontsize10">multiplied by—</continuation> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">$8.75.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">“State.“</p></sidenote>“(2) </num> <content class="inline">For the purpose of this subsection, the term ‘State’ does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.</content> </paragraph> </subsection> <page identifier="/us/stat/88/581">88 <inline class="smallCaps">Stat</inline>. 581</page> <subsection class="firstIndent1"> <num value="c">“(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The jurisdictions to which this subsection applies are the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">Each jurisdiction to which this subsection applies shall, for the fiscal year ending June 30, 1975, be entitled to a grant in an amount equal to an amount determined by the Commissioner, in accordance with criteria established by regulations, needed to initiate, expand, or improve programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels, in that jurisdiction, except that the aggregate of the amount to which such jurisdictions are so entitled for any fiscal year shall not exceed an amount equal to 2 per centum of the aggregate of the amounts to which all States are entitled under subsection (b) of tins section for that fiscal year. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any fiscal year exceeds an amount equal to such 2 per centum limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate docs not exceed such 2 per centum limitation.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">The Commissioner is authorized for the fiscal year ending<sidenote><p class="firstIndent1 fontsize8">Indian reservation schools, assistance.</p></sidenote> June 30, 1975, to make payments to the Secretary of the Interior according to the need for such assistance, for the education of handicapped children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, and the terms upon which payments for such purposes shall be made to t he Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this part. The amount of such payment for any fiscal year shall not exceed 1 per centum of the aggregate amounts to which States are entitled under subsection (b) of this section for that fiscal year.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Effective for fiscal year 1975 only, section 612 of such Act is<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 and note</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“allocations of appropriations</heading> <num value="612">“<inline class="smallCaps">Sec</inline>. 612. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Sums appropriated for the fiscal year ending June 30, 1975, shall be made available to States and allocated to each State, on the basis of unsatisfied entitlements under section 611, in an amount<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 580.</p></sidenote> equal to the amount it received from the appropriation for this part for the fiscal year 1971.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">Any sums appropriated to carry out this part for any fiscal year which remain after allocations under subsection (a) of this section shall be made to States in accordance with entitlements created under section 611 (to the extent that such entitlements are unsatisfied) ratably reduced.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">In the event that funds become available for making payments under this part for any fiscal year after allocations have been made under subsections (a) and (b) for that year, the amounts reduced under subsection (b) shall be increased on the same basis as they were reduced.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Effective for fiscal year 1975 only, section 613(a) of such Act<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1413">20 USC 1413 and note</ref>.</p></sidenote> is amended by striking out “<quotedText>desires to receive grants</quotedText>” in the first sentence of such subsection and inserting in lieu thereof “<quotedText>is entitled to receive payments</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Section 613(a) of such Act is further amended by (1) striking out the word “<quotedText>and</quotedText>” at the end of paragraph (10), (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof a semicolon, and (3) by adding at the end thereof the following two paragraphs: <quotedContent> <page identifier="/us/stat/88/582">88 <inline class="smallCaps">Stat</inline>. 582</page> <paragraph class="indent1 fontsize10"> <num value="12">“(12)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">establish a goal of providing full educational opportunities to all handicapped children, and (B) provide for a procedure to assure that funds expended under this part are used to accomplish the goal set forth in (A) of this paragraph and priority in the utilization of funds under this part will be given to handicapped children who are not receiving an education; and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">“(13) </num> <content class="inline">provide procedures for insuring that handicapped children and their parents or guardians are guaranteed procedural safeguards in decisions regarding identification, evaluation and educational placement of handicapped children including, but not limited to (A)(i) prior notice to parents or guardians of the child when the local or State educational agency proposes to change the educational placement of the child, (ii) an opportunity for the parents or guardians to obtain an impartial due process hearing, examine all relevant records with respect to the classification or educational placement of the child, and obtain an independent educational evaluation of the child, (iii) procedures to protect the rights of the child when the parents or guardians are not known, unavailable, or the child is a ward of the State including the assignment of an individual (not to be an employee of the State or local educational agency involved in the education or care of children) to act as a surrogate for the parents or guardians, and (iv) provision to insure that the decisions rendered in the impartial due process hearing required by this paragraph shall be binding on all parties subject only to appropriate administrative or judicial appeal; and (B) procedures to insure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular education environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and (C) procedures to insure the testing and evaluation materials and procedures utilized for the purposes of classification and placement of handicapped children will be selected and administered so as not to be racially or culturally discriminatory.”.</content> </paragraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="e">(e)</num><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 580.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 611(a) of the Education of the Handicapped Act is amended by inserting before the period the following: “<quotedText>in order to provide full educational opportunity to all handicapped children</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Subsection (b) of section 61 i of the Education of the Handicapped Act is amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">For the purpose of making grants under this part, there are authorized to be appropriated $100,000,000 for the fiscal year ending June 30, 1976, and $110,000,000 for the fiscal year ending June 30, 1977.”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1411">20 USC 1411 note</ref>.</p></sidenote>(3) </num> <content class="inline">The amendment made by subsection (e) shall become effective and shall be deemed to have been enacted on July 1, 1975.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f)</num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412</ref>.</p></sidenote> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 612(a)(1)(B) of such Act is amended by striking out “<quotedText>1973</quotedText>” and inserting in lieu thereof “<quotedText>1977</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 note</ref>.</p></sidenote>(2) </num> <content class="inline">The amendment made by this subsection shall be effective on and after July 1, 1973.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">additional state plan requirement</heading> <num value="615"><inline class="smallCaps">Sec</inline>. 615. </num><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 and note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Effective on and after July 1, 1975, section 612(a)(2) of the Education of the Handicapped Act is amended by striking out “<quotedText>$200,000</quotedText>” and inserting in lieu thereof “<quotedText>$300,000</quotedText>”.</content> </paragraph> <page identifier="/us/stat/88/583">88 <inline class="smallCaps">Stat</inline>. 583</page> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Effective on and after July 1, 1975, section 612(a) of such Act<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412 and">20 USC 1412 and note</ref>.</p></sidenote> is amended by inserting at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">No State shall, in any fiscal year, be required to expend amounts allotted pursuant to this section to carry out the provisions of paragraph (1) of section 613(b) unless that State receives an amount<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1413">20 USC 1413</ref>.</p></sidenote> greater than the amount allotted to that State for the fiscal year ending June 30, 1973.”.</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 613(a)(1) of such Act is amended by striking out “<quotedText>$100,000</quotedText>” and inserting in lieu thereof “<quotedText>$200,000</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 613 of such Act is amended by redesignating subsections (b), (c), and (d) of such section, and all references thereto, as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: <quotedContent> <subsection class="firstIndent1"> <num value="b">“(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Any State which desires to receive a grant under this part for any fiscal year beginning after June 30, 1975, shall submit to the Commissioner for approval not later than one year after the enactment of the Education of the Handicapped Amendments of 1974, through<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. S79.</p></sidenote> its State educational agency an amendment to the State plan required under subsection (a), setting forth in detail the policies and procedures which the State will undertake in order to assure that—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <content class="inline">all children residing in the State who are handicapped regardless of the severity of their handicap and who are in need of special education and related services are identified, located, and evaluated, including a practical method of determining which children are currently receiving needed special education and related services and which children are not currently receiving needed special education and related services;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">policies and procedures will be established in accordance with detailed criteria prescribed by the Commissioner to protect the confidentiality of such data and information by the State;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">there is established (i) a goal of providing full educational opportunities to all handicapped children, (ii) a detailed timetable for accomplishing such a goal, and (iii) a description of the kind and number of facilities, personnel, and services necessary throughout the State to meet such a goal; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">“(D) </num> <content class="inline">the amendment submitted by the State pursuant to this subsection shall be available to parents and other members of the general public at least thirty days prior to the date of submission of the amendment to the Commissioner.</content> </subparagraph> <continuation class="fontsize10">For the purpose of this part, any amendment to the State plan required by this subsection and approved by the Commissioner shall be considered, after June 30, 1975, as a required portion of the State plan.</continuation> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The requirement of paragraph (1) of this subsection shall not be effective with respect to any fiscal year in which the aggregate of the amounts allotted to the States for this part for that fiscal year is less than $45,000,000.”.</content> </paragraph> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 613(e)(1) of such Act (as redesignated by this section) is amended by striking out “<quotedText>subsection (c)</quotedText>” and inserting in lieu thereof “<quotedText>subsection (d)</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The amendment made by subsections (a)(1) and (b) of this<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 note</ref>.</p></sidenote> section shall be effective in any fiscal year for which the aggregate of the amounts allotted to the States for that fiscal year for carrying out part B of the Education of the Handicapped Act is $45,000,000 or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1411">20 USC 1411</ref>.</p></sidenote> more.</content> </subsection> </section> <page identifier="/us/stat/88/584">88 <inline class="smallCaps">Stat</inline>. 584</page> <section> <heading class="smallCaps centered">regional education programs for deaf and other handicapped persons</heading> <num value="616"><inline class="smallCaps">Sec</inline>. 616. </num> <content class="inline">Part C of the Education of the Handicapped Act is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1425/s1426">20 USC 1425, 1426</ref>.</p></sidenote>amended by redesignating sections 625 and 626 thereof as sections 626 and 627, respectively, and by inserting a new section as follows: <quotedContent> <section> <heading class="smallCaps centered">“regional education programs</heading> <num value="625">“<inline class="smallCaps">Sec</inline>. 625. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1424a">20 USC 1424a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner is authorized to make grants to or contracts with institutions of higher education, including junior and community colleges, vocational and technical institutions, and other appropriate nonprofit educational agencies for the development and operation of specially designed or modified programs of vocational, technical, postsecondary, or adult education for deaf or other handicapped persons.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">In making grants or contracts authorized by this section the Commissioner shall give priority consideration to—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">programs serving multistate regions or large population centers;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">programs adapting existing programs of vocational, technical, postsecondary, or adult education to the special needs of handicapped persons: and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">programs designed to serve areas where a need for such services is clearly demonstrated.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">“Handicapped person.”</p></sidenote>“(c) </num> <content class="inline">For purposes of this section, the term ‘handicapped persons’ means persons who are mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, emotionally disturbed, crippled, or in other ways health impaired and by reason thereof require special education programming and related services.”.</content> </subsection> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">centers and services</heading> <num value="617"><inline class="smallCaps">Sec</inline>. 617. </num> <content class="inline">Section 627 of the Education of the Handicapped Act (as redesignated by section 616) is amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="627">“<inline class="smallCaps">Sec</inline>. 627. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1426">20 USC 1426</ref>.</p></sidenote> <content class="inline">There are authorized to be appropriated to carry out the provisions of section 621, $12,500,000 for the fiscal year ending June 30, 1975, $18,000,000 for the fiscal year ending June 30, 1976, and $19,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 622, $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year ending June 30, 1976, and for the succeeding fiscal year. There are authorized to be appropriated to carry out the provisions of section 623. $25,500,000 for the fiscal year ending June 30, 1975, $36,000,000 for the fiscal year ending June 30, 1976, and $38,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 625, $1,000,000 for the fiscal year ending June 30, 1975, and such sums as may be necessary for each of the two succeeding fiscal years.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">personnel training</heading> <num value="618"><inline class="smallCaps">Sec</inline>. 618. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1436">20 USC 1436</ref>.</p></sidenote> <content class="inline">Section 636 of the Education of the Handicapped Act is amended to read as follows: <quotedContent> <page identifier="/us/stat/88/585">88 <inline class="smallCaps">Stat</inline>. 585</page> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="636">“<inline class="smallCaps">Sec</inline>. 636. </num> <content class="inline">There are authorized to be appropriated for carrying out the provisions of this part (other than section 633) $45,000,000 for the fiscal year ending June 30, 1975, $52,000,000 for the fiscal year ending June 30, 1976, and $54,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 633, $500,000 for each of the fiscal years ending June 30, 1975, and June 30, 1976, and $1,000,000 for the fiscal year ending June 30, 1977.”.</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">research</heading> <num value="619"><inline class="smallCaps">Sec</inline>. 619. </num> <content class="inline">Section 644 of the Education of the Handicapped Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1444">20 USC 1444</ref>.</p></sidenote> amended to read as follows: <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="644">“<inline class="smallCaps">Sec</inline>. 644. </num> <content class="inline">For the purpose of carrying out this part, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 1976, and June 30, 1977.”</content> </section> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">instructional media</heading> <num value="620"><inline class="smallCaps">Sec</inline>. 620. </num> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">Sections 652(b)(3), 652(b)(4), and 652(b)(5) of the Education of the Handicapped Act are each amended by inserting “<quotedText>,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1452">20 USC 1452</ref>.</p></sidenote> by grant and contract,</quotedText>” after “<quotedText>provide</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 654 of such Act is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1454">20 USC 1454</ref>.</p></sidenote> <quotedContent> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="654">“<inline class="smallCaps">Sec</inline>. 654. </num> <content class="inline">For the purposes of carrying out this part there are hereby authorized to be appropriated not to exceed $18,000,000 for the fiscal year ending June 30, 1975, and $22,000,000 for the fiscal year ending June 30, 1976, and for each succeeding fiscal year thereafter.”</content> </section> </quotedContent> </content> </paragraph> </section> <section> <heading class="smallCaps centered">specific learning disabilities</heading> <num value="621"><inline class="smallCaps">Sec</inline>. 621. </num> <content class="inline">Section 661(c) of the Education of the Handicapped Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1461">20 USC 1461</ref>.</p></sidenote> amended to read as follows: <quotedContent> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">For the purpose of making grants and contracts under this section there are authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 1976, and June 30, 1977.”</content> </subsection> </quotedContent> </content> </section> </part> <part> <num value="C"><inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Indian Education</inline></heading> <section> <heading class="smallCaps centered">extension of programs for the education of indian children</heading> <num value="631"><inline class="smallCaps">Sec</inline>. 631. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 810(g) of the Elementary and Secondary Education Act of 1965 is amended by striking out “<quotedText>two succeeding<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c">20 USC 887c</ref>.</p></sidenote> fiscal years</quotedText>” and inserting in lieu thereof “<quotedText>succeeding fiscal years ending prior to July 1, 1978</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 303(a)(1) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by the Indian Education<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241bb">20 USC 241bb</ref>.</p></sidenote> Act, is amended by striking out “<quotedText>July 1, 1975</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1978,</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">The amendments made by this section shall be effective on and<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c">20 USC 887c note</ref>.</p></sidenote> after July 1, 1973.</content> </subsection> </section> <page identifier="/us/stat/88/586">88 <inline class="smallCaps">Stat</inline>. 586</page> <section> <heading class="smallCaps centered">revision of programs relating to indian education</heading> <num value="632"><inline class="smallCaps">Sec</inline>. 632. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 810(f) of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c">20 USC 887c</ref>.</p></sidenote>Education Act of 1965 is amended by inserting after the third sentence the following new sentence: “<quotedText>The Commissioner shall not approve an application for a grant under subsection (b), (c), or (d) unless he is satisfied that such an application, to the extent consistent with the number of eligible children in the area to be served who are enrolled in private nonprofit elementary and secondary schools whose needs are of the type which the program is intended to meet, makes provision for the participation of such children on an equitable basis.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 303(b) of the Act of September 30, 1950 (Public Law <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241bb">20 USC 241bb</ref>.</p></sidenote>874, Eighty-first Congress), is amended by striking out “<quotedText>5 per centum</quotedText>” and inserting in lieu thereof “<quotedText>10 per centum</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s821">20 USC 821 note</ref>.</p></sidenote>(c) </num> <content class="inline">Part B of the Indian Education Act is amended by adding at the end thereof the following new sections: <quotedContent> <section> <heading class="smallCaps centered">“special educational training programs for teachers of indian children</heading> <num value="422">“<inline class="smallCaps">Sec</inline>. 422. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c–1">20 USC 887c–1</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner is authorized to make grants to and enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for the purpose of preparing individuals for teaching or administering special programs and projects designed to meet the special educational needs of Indian children and to provide in-service training for persons teaching in such programs. Priority shall be given to Indian institutions and organizations. Tn carrying out his responsibilities under this section, the Commissioner is authorized to award fellowships and traineeships to individuals and to make grants to and to enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for cost of education allowances. In awarding fellowships and traineeships under this section, the Commissioner shall give preference Io Indians.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">In the case of traineeships and fellowships, the Commissioner is authorized to grant stipends to, and allowances for dependents of, persons receiving traineeships and fellowships.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">There is authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, and for each of the three succeeding fiscal years to carry out the provisions of this section.</content> </subsection> </section> <section> <heading class="smallCaps centered">“fellowships for indian students</heading> <num value="423">“<inline class="smallCaps">Sec</inline>. 423. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c–2">20 USC 887c–2</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">During the fiscal year ending June 30, 1975, and each of the three succeeding fiscal years, the Commissioner is authorized to award not to exceed two hundred fellowships to be used for study in graduate and professional programs at institutions of higher education, Such fellowships shall be awarded to Indian students in order to enable them to pursue a course of study of not less than three, nor more than four, academic years leading toward a professional or graduate degree in engineering, medicine, law, business, forestry and related fields. In addition to the fellowships authorized to be awarded in the first sentence of this subsection, the Commissioner is authorized to award a number of fellowships equal to the number previously awarded during any fiscal year under this subsection but vacated prior to the cud of the period during which they were awarded, except that each fellowship so awarded shall be only for a period of study not in excess of the remainder of the period of time for which the fellowship it replaces was awarded, as the Commissioner may determine.</content> </subsection> <page identifier="/us/stat/88/587">88 <inline class="smallCaps">Stat</inline>. 587</page> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">The Commissioner shall pay to persons awarded fellowships under this subsection such stipends (including such allowances for subsistence of such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs.</content> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The Commissioner shall pay to the institution of higher education at which the holder of a fellowship under this subsection is pursuing a course of study, in lieu of tuition charged such holder, such amounts as the Commissioner may determine to cover the cost of education for the holder of such a fellowship.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The amendments made by this section shall be effective on and<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s887c">20 USC 887c note</ref>.</p></sidenote> after July 1, 1971.</content> </subsection> </section> </part> <part> <num value="D"><inline class="smallCaps">Part D</inline>—</num> <heading class="inline"><inline class="smallCaps">Emergency School Aid</inline></heading> <section> <heading class="smallCaps centered">extension of the emergency school aid act</heading> <num value="641"><inline class="smallCaps">Sec</inline>. 641. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 704(a) of the Emergency School Aid Act (title VII of Public Law 92–318) is amended by striking out “<quotedText>for the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1603">20 USC 1603</ref>.</p></sidenote> fiscal year ending June 30, 1974</quotedText>” and inserting m lieu thereof “<quotedText>for the period ending June 30, 1976</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">With respect to the fiscal year ending June 30, 1976, the authorization<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1603">20 USC 1603 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1601">20 USC 1601 note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 563.</p></sidenote> level for the Emergency School Aid Act shall, for the purposes of section 414 of the General Education Provisions Act, be equal to the amount appropriated for the purposes of the Emergency School Aid Act for the fiscal year ending June 30, 1976.</content> </subsection> </section> <section> <heading class="smallCaps centered">repeal of reservation for certain metropolitan projects</heading> <num value="642"><inline class="smallCaps">Sec</inline>. 642. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 704(b) of the Emergency School Aid Act is amended by striking out paragraph (1) and by striking out “<quotedText>(2)</quotedText>” of such section.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The matter preceding paragraph 1 of section 709(a) of such<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1608">20 USC 1608</ref>.</p></sidenote> Act is amended to read as follows: “<quotedText>Sums available to the Secretary under section 708 for metropolitan area projects shall be available for<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1607">20 USC 1607</ref>.</p></sidenote> the following purposes:</quotedText>”.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendment with respect to eligibility</heading> <num value="643"><inline class="smallCaps">Sec</inline>. 643. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 706(a) of the Emergency School Aid Act is<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1605">20 USC 1605</ref>.</p></sidenote> amended (1) by striking out paragraph (3), (2) by striking out the period at the end of paragraph (1)(D) and inserting, “<quotedText>; or</quotedText>” and (3) by adding at the end of such paragraph (1) the following: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="E">“(E) </num> <chapeau class="inline">which will establish or maintain one or more integrated schools as defined in section 720(7) and which—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1619">20 USC 1619</ref>.</p></sidenote></chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">has a sufficient number of minority group children to comprise more than 50 per centum of the number of children m attendance at the schools of such agency, and</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">has agreed to apply for an equal amount of assistance under subsection (b).”</content> </clause> </subparagraph> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 706(b) of such Act is amended by inserting “<quotedText>(1)</quotedText>” after “<quotedText>subsection (a)</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 710(c) of such Act is amended by inserting in paragraph<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1609">20 USC 1609</ref>.</p></sidenote> (2) after “<quotedText>(in)</quotedText>” the following: “<quotedText>or under section 706(a)(1)(E)</quotedText>”. In the same paragraph insert “<quotedText>or activity</quotedText>” after “<quotedText>plan</quotedText>” the second time it appears.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Section 720(7) of inch Act is amended by striking “<quotedText>section 706(a)(3) </quotedText>” and by inserting “<quotedText>section 706(a)(1)(E)</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Supra</i>.</p></sidenote></content> </subsection> </section> <page identifier="/us/stat/88/588">88 <inline class="smallCaps">Stat</inline>. 588</page> <section> <heading class="smallCaps centered">special projects for the teaching of mathematics</heading> <num value="644"><inline class="smallCaps">Sec</inline>. 644. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1607">20 USC 1607</ref>.</p></sidenote> <content class="inline">Section 708(a) of such Act is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">The Assistant Secretary is authorized to make grants to, and contracts with, one or more private, nonprofit agencies, institutions, or organizations, for the conduct, in cooperation with one or more local educational agencies, of special programs for the teaching of standard mathematics to children eligible for services under this Act through instruction in advanced mathematics by qualified instructors with bachelor degrees in mathematics, or the mathematical sciences from colleges or other institutions of higher education, or equivalent experience.”</content> </paragraph> </quotedContent> </content> </section> <section> <heading class="smallCaps centered">amendment relating to nonprofit groups</heading> <num value="645"><inline class="smallCaps">Sec</inline>. 645. </num> <content class="inline">Section 708(b) of the Elementary School Aid Act is amended by striking out “<quotedText>706(a)</quotedText>” both times it appears in such section <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1605">20 USC 1605</ref>.</p></sidenote>and inserting in lieu thereof “<quotedText>706</quotedText>” in each instance.</content> </section> <section> <heading class="smallCaps centered">effective date</heading> <num value="646"><inline class="smallCaps">Sec</inline>. 646. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1603">20 USC 1603 note</ref>.</p></sidenote> <content class="inline">The amendments made by and the provisions of this part shall be effective on and after July 1, 1974, and with respect to appropriations for fiscal years beginning on and after such date except that the provisions of section 641 (b) shall be effective only with respect to fiscal year 1977.</content> </section> </part> <part> <num value="E"><inline class="smallCaps">Part E</inline>—</num> <heading class="inline"><inline class="smallCaps">National Defense Education Act</inline></heading> <section> <heading class="smallCaps centered">extension of title iii</heading> <num value="651"><inline class="smallCaps">Sec</inline>. 651. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 301 of the National Defense Education Act of 1958 is amended by striking out “<quotedText>1975</quotedText>” both times it appears and inserting “<quotedText>1977</quotedText>” in lieu thereof, by striking out “<quotedText>for the fiscal year ending</quotedText>” after “$130,500,000” in the first sentence, and by inserting in lieu thereof “<quotedText>for each of the fiscal years ending prior to</quotedText>”, and by adding at the end thereof the following new sentence: “<quotedText>Notwithstanding the preceding two sentences, no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part B of title IV of the Elementary and <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 542.</p></sidenote>Secondary Education Act of 1965.</quotedText>”</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s441">20 USC 441 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by this section shall be effective on and after July 1, 1974.</content> </subsection> </section> </part> <num value="VII">TITLE VII—</num> <heading class="inline">NATIONAL READING IMPROVEMENT PROGRAM</heading> <section> <heading class="smallCaps centered">statement of purpose</heading> <num value="701"><inline class="smallCaps">Sec</inline>. 701. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1901">20 USC 1901</ref>.</p></sidenote> <chapeau class="inline">It is the purpose of this title—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to provide financial assistance to encourage State and local educational agencies to undertake projects to strengthen reading instruction programs in elementary grades;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to provide financial assistance for the development and enhancement of necessary skills of instructional and other educational staff for reading programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to develop a means by which measurable objectives for reading programs can be established and progress toward such objectives assessed;</content> </paragraph> <page identifier="/us/stat/88/589">88 <inline class="smallCaps">Stat</inline>. 589</page> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">to develop the capacity of preelementary school children for reading, and to establish and improve preelementary school programs in language arts and reading; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">to provide financial assistance to promote literacy among youth and adults.</content> </paragraph> </section> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Reading Improvement Projects</inline></heading> <section> <heading class="smallCaps centered">projects authorized</heading> <num value="705"><inline class="smallCaps">Sec</inline>. 705. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Commissioner is authorized to enter into<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1921">20 USC 1921</ref>.</p></sidenote> agreements with either State educational agencies or local educational agencies, or both, for the carrying out by such agencies, in schools having large numbers or a high percentage of children with reading deficiencies, of projects involving the use of innovative methods, systems, materials, or programs which show promise of overcoming such reading deficiencies.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Commissioner is further authorized to enter into agreements with State educational agencies, local educational agencies, or with nonprofit educational or child care institutions for the carrying out by such agencies and institutions, in areas where such schools are located, of such projects for preelementary school children. Such projects are to be instituted in kindergartens, nursery schools, or other preschool institutions.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">No agreement may be entered into under this part, unless upon<sidenote><p class="firstIndent1 fontsize8">Applications, reading program requirements.</p></sidenote> an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall set forth a reading program which provides for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">diagnostic testing designed to identify preelementary and elementary school children with reading deficiencies, including the identification of conditions which, without appropriate other treatment, can be expected to impede or prevent children from learning to read;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">planning for and establishing comprehensive reading programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">reading instruction for elementary school pupils whose reading achievement is less than that which would normally be expected for pupils of comparable ages and in comparable grades of school;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">preservice training programs for teaching personnel including teacher-aides and other ancillary educational personnel, and in-service training and development programs, where feasible, designed to enable such personnel to improve their ability to teach students to read;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">participation of the school faculty, school board members, administration, parents, and students in reading-related activities which stimulate an interest in reading and are conducive to the improvement of reading skills;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">parent participation in development and implementation of the program for which assistance is sought;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">local educational agency school board participation in the development of programs;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">periodic testing in programs for elementary school children on a sufficiently frequent basis to measure accurately reading achievement, and for programs for preelementary school children a test of reading proficiency at the conclusion, minimally, of the first-grade program into which the nursery and kindergarten programs are integrated;</content> </paragraph> <page identifier="/us/stat/88/590">88 <inline class="smallCaps">Stat</inline>. 590</page> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">publication of test results on reading achievement by grade level, and where appropriate, by school, without identification of achievement of individual children;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">availability of test results on reading achievement on an individual basis to parents or guardians of any child being so tested;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">participation on an equitable basis by children enrolled in nonprofit private elementary schools in the area to be served (after consultation with the appropriate private school officials) to an extent consistent with the number of such children whose educational needs are of the kind the program is intended to meet;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content class="inline">the use of bilingual education methods and techniques to the extent consistent with the number of elementary school-age children in the area served by a reading program who are of limited English-speaking ability;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="13">(13) </num> <content class="inline">appropriate involvement of leaders of the cultural and educational resources of the area to be served, including institutions of higher education, nonprofit private schools, public and private nonprofit agencies such as libraries, museums, educational radio and television, and other cultural and education resources of the community; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="14">(14) </num> <content class="inline">assessment, evaluation, and collection of information on individual children by teachers during each year of the preelementary program, to be made available for teachers in the subsequent year, in order that continuity for the individual child not be lost.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Additional requirements.</p></sidenote>(c) </num> <chapeau class="inline">Each such applicant, in addition to meeting the requirements of subsection (b), shall provide assurances that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">appropriate measures have been taken by the agency to analyze the reasons why elementary school children are not reading at the appropriate grade level;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the agency will develop a plan setting forth specific objectives which shall include the goals of having the children in project schools reading at the appropriate grade level at the end of grade three; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">whenever appropriate, sufficient measures will be taken to coordinate each preelementary reading program with the reading program of the educational agencies or institutions which such preelementary school children will be next in attendance.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <chapeau class="inline">No grant may be made under this part unless the application for such grant provides assurances that the provisions of this subsection <sidenote><p class="firstIndent1 fontsize8">State advisory councils on reading.</p></sidenote>are met. Each State educational agency shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <chapeau class="inline">establish an advisory council on reading appointed by such agency which shall be broadly representative of the education resources of the State and of the general public, including persons representative of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">public and private nonprofit elementary and secondary schools,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">institutions of higher education,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">parents of elementary and secondary school children, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">areas of professional competence relating to instruction in reading, and</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">authorize the advisory council established under clause (1) to receive and designate priorities among applications for grants under this section in that State,</chapeau> <continuation class="fontsize10">if—</continuation> <page identifier="/us/stat/88/591">88 <inline class="smallCaps">Stat</inline>. 591</page> <clause class="indent3 fontsize10"> <num value="i">(i) </num> <content class="inline">that State educational agency desires to receive a grant under this part, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">(ii) </num> <content class="inline">any local educational agency of that State desires to receive a grant under this part, and notifies the State educational agency concerned, or</content> </clause> <clause class="indent3 fontsize10"> <num value="iii">(iii) </num> <content class="inline">in the case of a preelementary school program any non-profit educational agency or child care institution in that State desires to receive a grant under this part, and notifies the State educational agency concerned.</content> </clause> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <chapeau class="inline">No agreement may be entered into under this part unless the<sidenote><p class="firstIndent1 fontsize8">Application approval.</p></sidenote> application submitted to the Commissioner—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">has first been approved by the State educational agency, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">is accompanied by assurances that such agency will supervise compliance by the local educational agency in that State with the requirements set forth in subsection (b) of this section.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <content class="inline">The Commissioner may approve any application submitted under this part which meets the requirements of subsections (b), (c), (d), and (e). In approving such applications, the Commissioner may not use any panel (other than employees of the Office of Education) for the purpose of such approval.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">In approving applications under this part the Commissioner<sidenote><p class="firstIndent1 fontsize8">Equitable distribution of funds.</p></sidenote> shall, to the maximum extent feasible, assure an equitable distribution of funds throughout the United States and among urban and rural areas. Not more than 12% percent of the funds expended under this part in any fiscal year may be expended in any State in that year.</content> </subsection> </section> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">State Reading Improvement Programs</inline></heading> <section> <heading class="smallCaps centered">statement of purpose</heading> <num value="711"><inline class="smallCaps">Sec</inline>. 711. </num> <chapeau class="inline">It is the purpose of this part to provide financial assistance<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1941">20 USC 1941</ref>.</p></sidenote> to the States to enable them—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">to provide financial assistance for projects designed to facilitate reaching the objectives of this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">to develop comprehensive programs to improve reading proficiency and instruction in reading in the elementary schools of the State;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">to provide State leadership in the planning, improving, execution, and evaluation of reading programs in elementary schools; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">to arrange for and assist in the training of special reading personnel and specialists needed in programs assisted under this title.</content> </paragraph> </section> <section> <heading class="smallCaps centered">applicability and effective date</heading> <num value="712"><inline class="smallCaps">Sec</inline>. 712. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The provisions of this part shall become effective only<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1942">20 USC 1942</ref>.</p></sidenote> in any fiscal year in which appropriations made pursuant to section 732(a) exceed $30,000,000 and then only with respect to the amount of<sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 596.</p></sidenote> such excess.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The provisions of this part shall be effective on and after the begining of fiscal year 1976.</content> </subsection> </section> <section> <heading class="smallCaps centered">allotments to states</heading> <num value="713"><inline class="smallCaps">Sec</inline>. 713. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">From the sums appropriated pursuant to section<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1943">20 USC 1943</ref>.</p></sidenote> 732(a) for each fiscal year which are available for carrying out this part, the Commissioner shall reserve such amount, but not in excess of 1 per centum of such sums, as he may determine, and shall <page identifier="/us/stat/88/592">88 <inline class="smallCaps">Stat</inline>. 592</page>apportion such amount to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective, needs for assistance under this title. Of the remainder of such sums, he shall allot an amount to each State which bears the same ratio to the amount available for allotment as the number of school age children (aged 5 to 12, inclusive) in each such State bears to the total number of such children in all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him. The allotment of a State which would be less than $50,000 under the preceding sentence shall be increased to $50,000, and the total of the increases thereby required shall be derived by proportionately reducing the allotments to the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotments to any such remaining States from being reduced to less than $50,000.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote>(2) </num> <content class="inline">For the purpose of this section the term “State” includes the District of Columbia and the Commonwealth of Puerto Rico.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Reallotment.</p></sidenote>(b) </num> <content class="inline">The amount allotted to any State under subsection (a) for any fiscal year which the Commissioner determines will not be required for that year shall be available for reallotment from time to time, on such dates during that year as the Commissioner may fix, to other States in proportion to the amounts originally allotted among those States under subsection (a) for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates the local educational agencies of such State need and will be able to use for that year; and the total of these reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection from funds appropriated <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 596.</p></sidenote>pursuant to section 732 for any fiscal year shall be deemed part of the amount allotted to it under subsection (a) for that year.</content> </subsection> </section> <section> <heading class="smallCaps centered">agreements with state educational agencies</heading> <num value="714"><inline class="smallCaps">Sec</inline>. 714. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1944">20 USC 1944</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">Any State which desires to receive grants under this part shall, through its State educational agency, enter into an agreement with the Commissioner, in such detail as the Commissioner deems necessary, which—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">designates the State educational agency as the sole agency for administration of the agreement;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">provides for the establishment of a State advisory council on reading, appointed by the State educational agency, which shall be broadly representative of the educational resources of the State and of the general public, including persons representative of—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">public and private nonprofit elementary school children, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">institutions of higher education,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">parents of elementary school children, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">areas of professional competence relating to instruction in reading,</content> </subparagraph> <continuation class="fontsize10">to advise the State educational agency on the formulation of a standard of excellence for reading programs in the elementary schools and on the preparation of, and policy matters arising in the administration of, the agreement (including the criteria for approval of applications for assistance under such agreement) and in the evaluation of results of the program carried out pursuant to the agreement;</continuation> </paragraph> <page identifier="/us/stat/88/593">88 <inline class="smallCaps">Stat</inline>. 593</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">describes the reading programs in elementary schools for which assistance is sought under this part and procedures for giving priority to reading programs which are already receiving Federal financial assistance and show reasonable promise of achieving success;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">sets forth procedures for the submission of applications by local educational agencies within that State, including procedures for an adequate description of the reading programs for which assistance is sought under this part;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <chapeau class="inline">sets forth criteria for achieving an equitable distribution of that part of the assistance under this part which is made available to local educational agencies pursuant to the second sentence of subsection (b) of this section, which criteria shall—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">take into account the size of the population to be served, beginning with preschool, the relative needs of pupils in different population groups within the State for the program authorized by this title, and the financial ability of the local educational agency serving such pupils,</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">assure that such distribution shall include grants to local educational agencies having high concentrations of children with low reading proficiency, and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">assure an equitable distribution of funds among urban and rural areas;</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">sets forth criteria for the selection or designation and training of personnel (such as reading specialists and administrators of reading programs) engaged in programs assisted under this part, including training for private elementary school personnel, which shall include qualifications acceptable for such personnel;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">provides for the coordination and evaluation of programs assisted under this part;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="8">(8) </num> <content class="inline">provides for technical assistance and support services for local educational agencies participating in the program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="9">(9) </num> <content class="inline">makes provision for the dissemination to the educational community and the general public of information about the objectives of the program and results achieved in the course of its implementation;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="10">(10) </num> <content class="inline">provides for making an annual report and such other<sidenote><p class="firstIndent1 fontsize8">Reports to Commissioner.</p></sidenote> reports, in such form and containing such information, as the Commissioner may reasonably require to evaluate the effectiveness of the program and to carry out his other functions under this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="11">(11) </num> <content class="inline">provides that not more than 5 per centum of the amount allotted to the State under section 713 for any fiscal year may be<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 591.</p></sidenote> retained by the State educational agency for purposes of administering the agreement; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="12">(12) </num> <content class="inline">provides that programs assisted under this part shall be of sufficient size, scope, and quality so as to give reasonable promise of substantial progress toward achieving the purposes of this title.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Grants for projects to carry out the purposes of this part may be made to local educational agencies (subject to the provision of subsection (e) relating to the participation of private elementary and secondary school pupils), institutions of higher education, and other public and nonprofit private agencies and institutions. Not less than 60 per centum of the amount allotted to a State, under section 713 for any fiscal year shall be made available by the State for grants to local educational agencies within that State.</content> </subsection> <page identifier="/us/stat/88/594">88 <inline class="smallCaps">Stat</inline>. 594</page> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Commissioner shall enter into an agreement which complies with the provisions of subsection (a) with any State which desires to enter into such an agreement.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">The Commissioner’s final action with respect to entering into an agreement under subsection (a) shall be subject to the provisions of section 207 of the Elementary and Secondary Education Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s827">20 USC 827</ref>.</p></sidenote>1965, relating to judicial review.</content> </subsection> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">The provisions of section 141A of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p, 4 97.</p></sidenote>Education Act of 1965 relating to the participation of children enrolled in private elementary and secondary schools shall apply to programs assisted under this part.</content> </subsection> </section> </part> <part> <num value="C"><inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Other Reading Improvement Programs</inline></heading> <section> <heading class="smallCaps centered">special emphasis projects</heading> <num value="721"><inline class="smallCaps">Sec</inline>. 721. </num><sidenote><p class="firstIndent1 fontsize8">Contract authority.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1961">20 USC 1961</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner is authorized to contract with local educational agencies for special emphasis projects to determine the effectiveness of intensive instruction by reading specialists and reading teachers. Each such project should provide for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the teaching of reading by a reading specialist for all children in the first and second grades of an elementary school and the teaching of reading by a reading specialist for elementary school children in grades three through six who have reading problems; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an intensive vacation reading program for elementary school children who are found to be reading below the appropriate grade level or who are experiencing problems in learning to read.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <chapeau class="inline">No contract may be entered into under this section unless upon an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall provide assurances that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1"><sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 589.</p></sidenote>(1) </num> <content class="inline">the provisions of section 705 (b) are met; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the State educational agency has certified that individuals employed as reading specialists and reading teachers meet the requirements of subsections (e) and (f).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">No contract may be entered into under this section unless the project has been approved by the. State educational agency.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Districtwide project.</p></sidenote>(d) </num> <chapeau class="inline">The Commissioner is authorized to enter into at least one arrangement with a local educational agency for a districtwide project conducted in all schools of such agencies. Tn selecting the districtwide project, the Commissioner shall give priority to an application from a local educational agency if the Commissioner finds that—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the local educational agency will give credit for any course to be developed for reading teachers or reading specialists <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 595.</p></sidenote>under section 722 and will encourage participation by the teachers of such agency in the training;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the local public educational television station will present or distribute, in the event supplementary noncommercial telecommunication is utilized, any course to be developed under section 722 at an hour convenient for the viewing by elementary school teachers, and, if possible, at a time convenient for such teachers to take the course, as a group, at the elementary school where they teach; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the local educational agency will make arrangements with the appropriate officials of institutions of higher education to obtain academic credit for the completion of such a course.</content> </paragraph> </subsection> <page identifier="/us/stat/88/595">88 <inline class="smallCaps">Stat</inline>. 595</page> <subsection class="firstIndent1"> <num value="e">(e) </num> <content class="inline">In any project assisted under this section a reading teacher may be used in lieu of a reading specialist, if the Commissioner finds that the local educational agency participating in a reading emphasis project is unable to secure individuals who meet the requirements of a reading specialist and if such reading teacher is enrolled or will enroll in a program to become a reading specialist. A regular elementary teacher may be used in lieu of a reading teacher if the Commissioner finds that the local educational agency participating in a reading emphasis project is unable to secure individuals who meet the requirements of the reading teacher, and if such regular elementary teacher is enrolled or will enroll in a program to become a reading teacher.</content> </subsection> <subsection class="firstIndent1"> <num value="f">(f) </num> <chapeau class="inline">For the purpose of this section and section 722 the term—<sidenote><p class="firstIndent1 fontsize8"><i>Infra</i>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">“reading specialist” means an individual who has a master’s<sidenote><p class="firstIndent1 fontsize8">“Reading specialist.”</p></sidenote> degree, with a major or specialty in reading, from an accredited institution of higher education and has successfully completed three years of teaching experience, which includes reading instruction, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">“reading teacher” means an individual, with a bachelor’s<sidenote><p class="firstIndent1 fontsize8">“Reading teacher.”</p></sidenote> degree, who has successfully completed a minimum of twelve credit hours, or its equivalent, in courses of the teaching of reading at an accredited institution of higher education, and has successfully completed two years of teaching experience, which includes reading instruction.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">reading training on public television</heading> <num value="722"><inline class="smallCaps">Sec</inline>. 722. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner is authorized, through grants or<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1962">20 USC 1962</ref>.</p></sidenote> contracts, to enter into contractual arrangements with institutions of higher education, public or private agencies or organizations, and individuals for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the preparation, production, evaluation, and distribution for use on public educational television stations of courses for elementary school teachers who are or intend to become reading teachers or reading specialists; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the preparation and distribution of informational and study course material to be used in conjunction with any such course.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">In carrying out the provisions of this section the Commissioner<sidenote><p class="firstIndent1 fontsize8">Consultation with specialists.</p></sidenote> shall consult with recognized authorities in the field of reading, specialists in the use of the communications media for educational purposes, and with the State and local educational agencies participating in projects under this title.</content> </subsection> </section> <section> <heading class="smallCaps centered">reading academies</heading> <num value="723"><inline class="smallCaps">Sec</inline>. 723. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner is authorized to make grants to<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1963">20 USC 1963</ref>.</p></sidenote> and to enter into contracts with State and local educational agencies, institutions of higher education, community organizations and other nonprofit organizations, having the capacity to furnish reading assistance and instruction to youths and adults who do not otherwise receive such assistance and instruction.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Grants made and contracts entered into under this section shall contain provisions to assure that such reading assistance and instruction will be provided in appropriate facilities to be known as “reading academies”.</content> </subsection> </section> </part> <page identifier="/us/stat/88/596">88 <inline class="smallCaps">Stat</inline>. 596</page> <part> <num value="D"><inline class="smallCaps">Part D</inline>—</num> <heading class="inline"><inline class="smallCaps">General Provisions</inline></heading> <section> <heading class="smallCaps centered">evaluation</heading> <num value="731"><inline class="smallCaps">Sec</inline>. 731. </num><sidenote><p class="firstIndent1 fontsize8">Report to congressional committees.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1981">20 USC 1981</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall submit an evaluation report to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives not later than March 31, in each fiscal year ending prior to fiscal year <sidenote><p class="firstIndent1 fontsize8">Contents.</p></sidenote>1979. Each such report shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">contain a statement of specific and detailed objectives for the program assisted under the provisions of this title;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">include a statement of the effectiveness of the program in meeting the stated objectives, measured through the end of the preceding fiscal year;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">make recommendations with respect to any changes or additional legislation deemed necessary or desirable in carrying out the program;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">contain a list identifying the principal analyses and studies supporting the major conclusions and recommendations contained in the report; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">contain an annual evaluation plan for the program through the ensuing fiscal year for which the budget was transmitted to Congress by the President, in accordance with section 201(a) of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t31/s11">31 USC 11</ref>.</p></sidenote>the Budget and Accounting Act, 1921.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">From the sums appropriated pursuant to section 732 for any fiscal year, the Commissioner may reserve such amount, not in excess of 1 per centum of such sums, as he deems necessary for evaluation, by the Commissioner or by public or private nonprofit agencies, of programs assisted under this title.</content> </subsection> </section> <section> <heading class="smallCaps centered">authorization of appropriations</heading> <num value="732"><inline class="smallCaps">Sec</inline>. 732. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1982">20 USC 1982</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 589, 591.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">There are authorized to be appropriated to carry out the provisions of parts A and B of this title $30,000,000 for the fiscal year ending June 30, 1975, $82,000,000 for the fiscal year ending June 30, 1976, $88,000,000 for the fiscal year ending June 30, 1977, and $93,000,000 for the fiscal year ending June 30, 1978.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">There are authorized to be appropriated to carry out the provisions of section 721, relating to special emphasis projects, $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year ending June 30, 1976, and $25,000,000 for each of the fiscal years ending June 30, 1977 and 1978.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">There are authorized to be appropriated for the purpose of carrying out section 722, relating to reading training on public television. $3,000,000 for the fiscal year ending June 30, 1975. Sums appropriated pursuant to this subsection shall remain available for obligation and expenditure through the succeeding fiscal year.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">There are authorized to be appropriated to carry out the provisions of section 723, relating to reading academies, $5,000,000 for the fiscal year ending June 30, 1975, $7,500,000 for the fiscal year ending June 30, 1976, and $10,000,000 for each of the fiscal years ending June 30, 1977 and 1978.</content> </subsection> </section> </part> 88 Stat. 597 <num value="VIII">TITLE VIII—</num> <heading class="inline">MISCELLANEOUS PROVISIONS</heading> <part> <num value="A"><inline class="smallCaps">Part A</inline>—</num> <heading class="inline"><inline class="smallCaps">Policy Statements and White House Conference on Education</inline></heading> <section> <heading class="smallCaps centered">national policy with respect to equal educational opportunity</heading> <num value="801"><inline class="smallCaps">Sec</inline>. 801. </num> <content class="inline">Recognizing that the Nation’s economic, political, and<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221–1">20 USC 1221–1</ref>.</p></sidenote> social security require a well-educated citizenry, the Congress (1) reaffirms, as a matter of high priority, the Nation’s goal of equal educational opportunity, and (2) declares it to be the policy of the United States of America that every citizen is entitled to on education to meet his or her full potential without financial barriers.</content> </section> <section> <heading class="smallCaps centered">policy with respect to advance funding of education programs</heading> <num value="802"><inline class="smallCaps">Sec</inline>. 802. </num> <content class="inline">The Congress declares it to be the policy of the United<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1223">20 USC 1223 note</ref>.</p></sidenote> States to implement immediately and continually section 411 of the General Education Provisions Act, relating to advance funding for<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 562.</p></sidenote> education programs, so as to afford responsible State, local, and Federal officers adequate notice of available Federal financial assistance for education authorized under this and other Acts of Congress.</content> </section> <section> <heading class="smallCaps centered">policy of the united states with respect to museums as educational institutions</heading> <num value="803"><inline class="smallCaps">Sec</inline>. 803. </num> <chapeau class="inline">The Congress, recognizing—<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221–2">20 USC 1221–2</ref>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">that museums serve as sources for schools in providing education for children,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">that museums provide educational services of various kinds for educational agencies and institutions and institutions of higher education, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">that the expense of the educational services provided by museums is seldom borne by the educational agencies and institutions taking advantage of the museums’ resources,</content> </paragraph> <continuation class="fontsize10">declares that it is the sense of the Congress that museums be considered educational institutions and that the cost of their educational services be more frequently borne by educational agencies and institutions benefiting from those services.</continuation> </section> <section> <heading class="smallCaps centered">white house conference on education</heading> <num value="804"><inline class="smallCaps">Sec</inline>. 804. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The President is authorized to call and conduct a<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221–1">20 USC 1221–1 note</ref>.</p></sidenote> White House Conference on Education in 1977 (hereafter in this section referred to as the “Conference”) in order to stimulate a national assessment of the condition, needs, and goals of education and to obtain<sidenote><p class="firstIndent1 fontsize8">Report.</p></sidenote> from a group of citizens broadly representative of all aspects of education, both public and non public, a report of findings and recommendations with respect to such assessment,</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">In carrying out the provisions of this section, participants in conferences and other activities at local, State, and Federal levels are authorized to consider all matters relevant to the purposes of the Conference set forth in subsection (a), but shall give special consideration to the following:</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">The implementation of the policy set forth in section 801.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">The means by which educational systems are financed.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">Preschool education (including child care and nutrition programs), with special attention to the needs of disadvantaged children.</content> </subparagraph> <page identifier="/us/stat/88/598">88 <inline class="smallCaps">Stat</inline>. 598</page> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">The adequacy of primary education in providing all children with the fundamental skills of communication (reading, writing, spelling, and other elements of effective oral and written expression) and mathematics.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">The effectiveness of secondary education in preparing students for careers, as well as for postsecondary education.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">The place of occupational education (including education in proprietary schools) in the educational structure and the role of vocational and technical education in assuring that the Nation’s requirements for skilled manpower are met.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="G">(G) </num> <content class="inline">The structure and needs of postsecondary education, including methods of providing adequate levels of student assistance and institutional support.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="H">(H) </num> <content class="inline">The adequacy of education at all levels in meeting the special educational needs of such individuals as handicapped persons, economically disadvantaged, racially or culturally isolated children, those who need bilingual instruction, and gifted and talented children.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="I">(I) </num> <content class="inline">Ways of developing and implementing expanded educational opportunities for adults at the basic and secondary education equivalency levels.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="J">(J) </num> <content class="inline">The contribution of nonpublic primary and secondary education in providing alternate educational experiences for pupils and a variety of options for parents in guiding their children’s development.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Participants in conference activities at the State and local levels are authorized to narrow the scope of their deliberations to the educational problems which they consider to be most critical in their respective areas, but shall be encouraged by the National Conference Committee (established pursuant to subsection (c)) to consider such problems in the context, or the total educational structure.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">National Conference Committee.</p><p class="firstIndent1 fontsize8">Establishment; membership.</p></sidenote>(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">There is established a National Conference Committee (hereafter in this section referred to as the “Committee”), composed of not more than thirty-five members, fifteen of whom shall be appointed by the President, ten of whom shall be appointed by the President pro tempore of the Senate, and ten of whom shall be appointed by the Speaker of the House of Representatives. The Committee shall at its first meeting select a Chairman and a Vice Chairman.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote>(2)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The Committee shall provide guidance and planning for the Conference and shall make a final report (and such interim reports as may be desirable) of the results, findings, and recommendations of the Conference to the President and to the Congress not later than December 1, 1977.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">The Committee is authorized to provide such assistance as may be necessary for State and local conference activities in preparation for the National Conference.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">The Commissioner shall support the activities of the Committee by providing technical assistance, advice, and consultation.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Travel expenses.</p></sidenote>(4) </num> <content class="inline">Members of the Committee shall serve without compensation, but may receive travel expenses (including per diem in lieu of subsistence) as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently, while employed in the business of the Committee away from their homes or regular places of business.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/tS/s101">S USC 101 <i>et seq</i></ref>.</p></sidenote>(5) </num> <content class="inline">The Committee is authorized to appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, a Conference Director and such professional, technical, and clerical personnel as may be necessary to assist in carrying out its functions under this section.</content> </paragraph> </subsection> <page identifier="/us/stat/88/599">88 <inline class="smallCaps">Stat</inline>. 599</page> <subsection class="firstIndent1"> <num value="d">(d)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">From the sums appropriated pursuant to subsection (e)<sidenote><p class="firstIndent1 fontsize8">Grants.</p></sidenote> the Commissioner is authorized to make a grant to each State, upon application of the Governor thereof, in order to assist in meeting the costs of that State’s participation in the Conference program (including the conduct of conferences at the State and local levels).</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Grants made pursuant to paragraph (1) shall be made only with the approval of the Chairman of the Committee.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Funds appropriated for the purposes of this subsection shall<sidenote><p class="firstIndent1 fontsize8">Apportionment of funds.</p></sidenote> be apportioned among the States by the Commissioner in accordance with their respective needs for assistance under this subsection, except that no State shall be apportioned more than $75,000 nor less than $25,000.</content> </paragraph> </subsection> <paragraph class="indent1 fontsize10"> <num value="e">(e) </num> <content class="inline">There are authorized to be appropriated, without fiscal year<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> limitations, such sums as may be necessary to carry out the purposes of this section; and sums so appropriated shall remain available for expenditure until June 30, 1978.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="f">(f) </num> <content class="inline">For the purposes of this section, the term “State” includes the<sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote> District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.</content> </paragraph> </section> </part> <part> <num value="B"><inline class="smallCaps">Part B</inline>—</num> <heading class="inline"><inline class="smallCaps">Educational Studies and Surveys</inline></heading> <section> <heading class="smallCaps centered">study of purposes and effectiveness of compensatory education programs</heading> <num value="821"><inline class="smallCaps">Sec</inline>. 821. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">In addition to the other authorities, responsibilities<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e note</ref>.</p></sidenote> and duties conferred upon the National Institute of Education (hereinafter referred to as the “Institute”) by section 405 of the General Education Provisions Act and notwithstanding the second sentence<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221e">20 USC 1221e</ref>.</p></sidenote> of subsection (b)(1) of such section 405, the Institute shall undertake a thorough evaluation and study of compensatory education programs, including such programs conducted by States and such programs conducted under title I of the Elementary and Secondary Education Act of 1965. Such study shall include—<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">an examination of the fundamental purposes of such programs, and the effectiveness of such programs in attaining such purposes;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">an analysis of means to identify accurately the children who have the greatest need for such programs, in keeping with the fundamental purposes thereof;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">an analysis of the effectiveness of methods and procedures for meeting the educational needs of children, including the use of individualized written educational plans for children, and programs for training the teachers of children;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">an exploration of alternative methods, including the use of procedures to assess educational disadvantage, for distributing funds under such programs to States, to State educational agencies, and to local educational agencies in an equitable and efficient manner, which will accurately reflect current conditions and insure that such funds reach the areas of greatest current need and are effectively used for such areas;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">not more than 20 experimental programs, which shall be reasonably geographically representative, to be administered by the Institute, in cases where the Institute determines that such experimental programs are necessary to carry out the purposes of clauses (1) through (4), and the Commissioner of Education is <page identifier="/us/stat/88/600">88 <inline class="smallCaps">Stat</inline>. 600</page>authorized, notwithstanding any provision of title I of the Elementary <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote>and Secondary Education Act of 1965, at the request of the Institute, to approve the use of grants which educational agencies are eligible to receive under such title I (in cases where the agency eligible for such grant agrees to such use) in order to carry out such experimental programs; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">findings and recommendations, including recommendations for changes in such title I or for new legislation, with respect to the matters studied under clauses (1) through (5).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The National Advisory Council on the Education of Disadvantaged Children shall advise the Institute with respect to the design <sidenote><p class="firstIndent1 fontsize8">Information, availability.</p></sidenote>and execution of such study. The Commissioner of Education shall obtain and transmit to the Institute such information as it shall request with respect to programs carried on under title I of the Act.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote>(c) </num> <content class="inline">The Institute shall make an interim report to the President and to the Congress not later than December 31, 1976, and shall make a final report thereto no later than nine months after the date of submission of such interim report, on the result of its study conducted under this section. Any other provision of law, rule, or regulation to the contrary notwithstanding, such reports shall not be submitted to any review outside of the Institute before their transmittal to the Congress, but the President and the Commissioner of Education may make to the Congress such recommendations with respect to the contents of the reports as each may deem appropriate.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Sums made available pursuant to section 151 (i) of the Elementary <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 499.</p></sidenote>and Secondary Education Act of 1965 shall be available to carry out the provisions of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Study plan, submittal to Congress.</p></sidenote>(e)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">The Institute shall submit to the Congress, within one hundred and twenty days after the date of the enactment of this Act, a plan for its study to be conducted under this section. The Institute shall have such plan delivered to both Houses on the same day and to each House while it is in session. The Institute shall not commence such study until the first day after the close of the first period of thirty calendar days of continuous session of Congress after the date of the delivery of such plan to the Congress.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <chapeau class="inline">For purposes of paragraph (1)—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">continuity of session is broken only by an adjournment of Congress sine die; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day period.</content> </subparagraph> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">survey and study for updating number of children counted</heading> <num value="822"><inline class="smallCaps">Sec</inline>. 822. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Secretary of Commerce shall, in consultation with the Secretary of Health, Education, and Welfare, expand the current population survey (or make such other survey) in order to furnish current data for each State with respect to the total number of school-age children in each State to be counted for purposes of section 103(c)(1)(A) of title I of the Elementary and Secondary Act of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>1965. Such survey shall be made, and a report of the results of such survey shall be made jointly by the Secretary of Commerce and the Secretary of Health, Education, and Welfare to the Congress, not later than one year after the date of the enactment of this Act.</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The Secretary of Health, Education, and Welfare and the Secretary of Commerce shall study the feasibility of updating the number of children counted for purposes of section 103(c) of title I of the Act <page identifier="/us/stat/88/601">88 <inline class="smallCaps">Stat</inline>. 601</page>in school districts of local educational agencies in order to make adjustments in the amounts of the grants for which local educational agencies within a State are eligible, under section 103(a)(2) of the Act, and shall report to the Congress, no later than one year after the<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> date of enactment of this Act, the results of such study, which shall include an analysis of alternative methods for making such adjustments, together with the recommendations of the Secretary of Health, Education, and Welfare and the Secretary of Commerce with respect to which such method or methods are most promising for such purpose, together with a study of the results of the expanded population survey, authorized in subsection (a) (including analysis of its accuracy and the potential utility of data derived therefrom) for making adjustments in the amounts paid to each State under section 144(a)(1) of title I of such Act.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">No method of making adjustments directed to be considered pursuant to subsection (a) or subsection (b) shall be implemented unless such method shall first be enacted by the Congress.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241h">20 USC 241h</ref>.</p></sidenote></content> </subsection> </section> <section> <heading class="smallCaps centered">study of the measure of poverty used under title i of the elementary and secondary education act of 1905</heading> <num value="823"><inline class="smallCaps">Sec</inline>. 823. </num> <chapeau class="inline">The Assistant Secretary shall supervise, with the full<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> participation of the National Institute of Education and the National Center for Education Statistics, a thorough study of the manner in which the relative measure of poverty for use in the financial assistance program authorized by title I of the Elementary and Secondary Education Act of 1965 may be more accurately and currently developed.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 488.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s236">20 USC 236</ref>.</p></sidenote> The study of the relative measure of poverty required by this subsection shall be adjusted for regional, climatic, metropolitan, urban, suburban, and rural differences and for family size and head of household differences. The study required by this section shall consider—<sidenote><p class="firstIndent1 fontsize8">Study considerations.</p></sidenote></chapeau> <paragraph class="indent1 fontsize10"> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">the availability of data more current than the decennial census including data collected by any agency of the Federal Government which are relevant except that data so collected shall not disclose the name of any individual or any other information customarily held confidential by that agency, but shall include aggregate information to the extent possible;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the availability and usefulness of cost of living data;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">the availability and usefulness of cost of housing data;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">the availability and usefulness of labor market and job availability data;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="E">(E) </num> <content class="inline">the availability and usefulness of data with respect to prevailing wage rates, unemployment rates, and income distribution; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="F">(F) </num> <content class="inline">the availability of data with respect to eligibility criteria for aid to families with dependent children under a State plan approved under title IV of the Social Security Act.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t42/s601">42 USC 601</ref>.</p></sidenote></content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The Assistant Secretary is authorized and directed to prepare<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> and submit to the Congress not later than one year after the effective date of this Act a report of the study conducted under this subsection including recommendations with respect to the availability of data designed to improve the relative measure of poverty for the program of financial assistance authorized by title I of the Elementary and Secondary Education Act of 1965. Whenever the Assistant Secretary determines that data specified in paragraph (1) of this subsection are not available or that it is impractical to obtain data for each relevant area or category, the report shall contain an explanation of the reasons therefor.</content> </paragraph> </section> <page identifier="/us/stat/88/602">88 <inline class="smallCaps">Stat</inline>. 602</page> <section> <heading class="smallCaps centered">study of late funding of elementary and secondary education programs</heading> <num value="824"><inline class="smallCaps">Sec</inline>. 824. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner shall make a full and complete investigation and study to determine—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the extent to which late funding of Federal programs to assist elementary and secondary education handicaps local educational agencies in the effective planning of their education programs, and the extent to which program quality and achievement of program objectives is adversely affected by such late funding, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">means by which, through legislative or administrative action, the problem can be overcome.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>(b) </num> <content class="inline">Not later than one year after the date of enactment of this Act, the Commissioner shall make a report to the Congress on the study required by subsection (a), together with such recommendations as he may deem appropriate.</content> </subsection> </section> <section> <heading class="smallCaps centered">safe school study</heading> <num value="825"><inline class="smallCaps">Sec</inline>. 825. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary shall make a full and complete investigation and study, including necessary research activities, during the period beginning upon the date of enactment of this Act and ending June 30, 1976, to determine—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the frequency, seriousness, and incidence of crime in elementary and secondary schools in the States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the number and location of schools affected by crime;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">the per-pupil average incidence of crimes in elementary and secondary schools in urban, suburban, and rural schools located in all regions of the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">the cost of replacement and repair of facilities, books, supplies, equipment, and other tangible objects seriously damaged or destroyed as the result of crime in such schools; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5) </num> <content class="inline">the means by which crimes are attempted to be prevented in such schools and the means by which crimes may more effectively be prevented in such schools.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Information submittal to Secretary.</p></sidenote>(b) </num> <content class="inline">Within thirty days after the date of the enactment of this Act, the Secretary shall request each State educational agency to take the steps necessary to establish and maintain appropriate records to facilitate the compilation of information under clauses (2) and (3) of subsection (a) and to submit such information to him no later than seven months after the date of enactment of this Act. In conducting this study, the Secretary shall utilize data and other information available as a result of any other studies which are relevant to the objectives of this section.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote>(c) </num> <content class="inline">Not later than December 1, 1976, the Secretary’ shall prepare and submit to the Congress a report on the study required by this section, together with such recommendations as he may deem appropriate. In such report, all information required under each paragraph of subsection (a) of this section shall be stated separately and be appropriately labeled, and shall be separately stated for elementary and secondary schools, as defined in sections 801 (c) and (d) of the <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s881">20 USC 881</ref>.</p></sidenote>Elementary and Secondary Education Act of 1965.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8">Reimbursement to State agencies.</p></sidenote>(d) </num> <content class="inline">The Secretary may reimburse each State educational agency for the amount of expenses incurred by it in meeting the requests of the Secretary under this section.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>(e) </num> <content class="inline">There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.</content> </subsection> </section> <page identifier="/us/stat/88/603">88 <inline class="smallCaps">Stat</inline>. 603</page> <section> <heading class="smallCaps centered">study of athletic injuries</heading> <num value="826"><inline class="smallCaps">Sec</inline>. 826. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Secretary shall make a full and complete investigation<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241a">20 USC 241a note</ref>.</p></sidenote> and study to determine—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">(1) </num> <content class="inline">the number of athletic injuries to, and deaths of male and female students occurring in athletic competition between schools, in any practice session for such competition, and in any other school-related athletic activities for the twelve-month period beginning sixty days after the date of enactment of this Act;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">the number of athletic injuries and deaths occurring (for the twelve-month period under clause (1)) at each school with an athletic trainer or other medical or health professional personnel trained to prevent or treat such injuries and at each school without such personnel.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Within fifty days after the date of enactment of this Act, the<sidenote><p class="firstIndent1 fontsize8">Information, submittal to Secretary.</p></sidenote> Secretary shall request each school to maintain appropriate records to enable it to compile information under subsection (a) and shall request such school to submit such information to the Secretary immediately after the twelve-month period beginning sixty days after the date of enactment of this Act. Not later than eighteen months after the date<sidenote><p class="firstIndent1 fontsize8">Report to Congress.</p></sidenote> of enactment of this Act, the Secretary shall make a report to the Congress on the study required by subsection (a), together with such recommendations as he may deem appropriate. In such report, all information required under each paragraph of subsection (a) shall be stated separately for the two groups of schools under clauses (1) and (2) of subsection (c), except that the information shall also be stated separately (and shall be excluded from the group under clause (2)) for institutions of higher education which provide either of the two-year programs described in section 801 (E)(3) of the Elementary and Secondary Education Act of 1965.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s881">20 USC 881</ref>.</p></sidenote></content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">For the purposes of this section, the term “school” means (1)<sidenote><p class="firstIndent1 fontsize8">“School.”</p></sidenote> any secondary school or (2) any institution of higher education, as defined in section 801 of the Elementary and Secondary Education Act of 1965.</content> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">There is authorized to be appropriated the sum of $75,000 to<sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote> carry out the provisions of this section.</content> </subsection> </section> </part> <part> <num value="C"><inline class="smallCaps">Part C</inline>—</num> <heading class="inline"><inline class="smallCaps">Amendments to the Higher Education Act of 1935</inline></heading> <section> <heading class="smallCaps centered">community service and continuing education amendments</heading> <num value="831"><inline class="smallCaps">Sec</inline>. 831. </num> <content class="inline">Section 111 of the Higher Education Act of 1965 is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1009">20 USC 1009</ref>.</p></sidenote> by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the Advisory<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233g">20 USC 1233g</ref>.</p></sidenote> Council shall continue to exist through June 30, 1975.</quotedText>”</content> </section> <section> <heading class="smallCaps centered">developing institutions amendment</heading> <num value="812"><inline class="smallCaps">Sec</inline>. 812. </num> <content class="inline">Section 302(a)(2) of the Higher Education Act of 1965<sidenote><p class="firstIndent1 fontsize8">Waiver.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1052">20 USC 1052</ref>.</p></sidenote> is amended by adding at the end thereof the following new sentence: “<quotedText>The Commissioner is authorized to waive three years of the requirements set forth in clause (C) of paragraph (1) in the case of applications for grants under this title by institutions if the Commissioner determines such action will substantially increase higher education for Spanish-speaking people.</quotedText>”.</content> </section> <section> <heading class="smallCaps centered">bilingual education amendments</heading> <num value="833"><inline class="smallCaps">Sec</inline>. 833. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Clause (B) of section 417B(b)(3) of the Higher Education Act of 1965 is amended by inserting “<quotedText>(i)</quotedText>” after the word<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070d–1">20 USC 1070d–1</ref>.</p></sidenote> “<quotedText>who</quotedText>” and by inserting before the semicolon at the end thereof a <page identifier="/us/stat/88/604">88 <inline class="smallCaps">Stat</inline>. 604</page>comma and the following: “<quotedText>or (ii) by reason of limited English-speaking ability, are in need of bilingual educational teaching, guidance, and counseling in order to enable them to pursue a post-secondary education</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070d–1">20 USC 1070d–1</ref>.</p></sidenote>(2) </num> <content class="inline">Section 417B of such Act is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="d">“(d) </num> <content class="inline">Recipients of grants or contracts for the purposes of clause (3)(ii) of subsection (b) shall include in their curriculum a program of English language instruction for students of limited English-speaking ability.”.</content> </subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070d–1">20 USC 1070d–1 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendments made by this section shall be effective upon the enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">veterans cost of instruction payments amendments</heading> <num value="834"><inline class="smallCaps">Sec</inline>. 834. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Paragraph (1) of section 420(a) of the Higher <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070e–1">20 USC 1070e–1</ref>.</p></sidenote>Education Act of 1965 is amended to read as follows: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <chapeau class="inline">During the period beginning July 1, 1972, and ending June 30, 1975, each institution of higher education shall be entitled to a payment under, and in accordance with, this section during any fiscal year if—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">“(A) </num> <chapeau class="inline">the number of persons who are veterans receiving vocational rehabilitation under chapter 31 of title 38, United States <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1501">38 USC 1501</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t38/s1651">38 USC 1651</ref>.</p></sidenote>Code, or veterans receiving educational assistance under chapter 34 of such title, and who are in attendance as undergraduate students at such institution during any academic year, equals at least—</chapeau> <clause class="indent3 fontsize10"> <num value="i">“(i) </num> <content class="inline">110 per centum of the number of such recipients who were in attendance at such institution during the preceding academic year, or</content> </clause> <clause class="indent3 fontsize10"> <num value="ii">“(ii) </num> <content class="inline">10 per centum of the total number of undergraduate students in attendance at such institution during such academic year and if such number does not constitute a per centum of such undergraduate students which is less than such per centum for the preceding academic year; and</content> </clause> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">“(B) </num> <content class="inline">the number of such persons is at least 25.”.</content> </subparagraph> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">The first sentence of paragraph (2) of section 420(a) of such Act is amended by inserting before the period a comma and the following: “<quotedText>or equals at least the minimum number of such persons necessary to establish eligibility to entitlement under paragraph (1) during the preceding academic year, whichever is less</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 420(d) of such Act is amended by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(d)</quotedText>” and by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">The maximum amount of payments to any institution of higher education, or any branch thereof which is located in a community which is different from that in which the parent institution thereof is located, in any fiscal year, shall be $135,000. In making payments under this section for any fiscal year, the Commissioner shall apportion the appropriation for making such payments, from funds which become available as a result of the limitation on payments set forth in the preceding sentence, in such a manner as will result in the receipt by each institution which is eligible for a payment under this section of first $9,000 (or the amount of its entitlement for that fiscal year, whichever is less) and then additional amounts up to the limitation set forth in the preceding sentence.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 420(e) of such Act is amended by striking out the matter preceding the word “<quotedText>except</quotedText>” and inserting in lieu thereof the fol-<page identifier="/us/stat/88/605">88 <inline class="smallCaps">Stat</inline>. 605</page>lowing: “<quotedText>Not less than 75 per centum of the amounts paid to any institution under subsection (d) in any fiscal year shall be used to implement the requirement of clause (B)(i) of paragraph (1) of subsection (c), and, to the extent that such funds remain after implementing such requirements, funds limited by such 75 per centum requirement shall be used for implementing the requirements of clauses (B)(ii), (iii), and (iv) of such paragraph (1),</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by this section shall take effect on the<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1070e–1">20 USC 1070e–1 note</ref>.</p></sidenote> date of the enactment of this Act.</content> </subsection> </section> <section> <heading class="smallCaps centered">teacher corps amendments</heading> <num value="835"><inline class="smallCaps">Sec</inline>. 835. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Section 511 of the Higher Education Act of 1965<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s110">20 USC 1101</ref></p></sidenote> is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by inserting after “<quotedText>teacher preparation</quotedText>” in the matter preceding paragraph (1) the following: “<quotedText>and to encourage institutions of higher education and local educational agencies to improve programs of training and retraining for teachers and teacher aides</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by striking out “<quotedText>and</quotedText>” at the end of paragraph (3);</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by striking out the period at the end of paragraph (4) and inserting in lieu thereof a semicolon and “<quotedText>and</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="D">(D) </num> <content class="inline">by inserting after paragraph (4) the following new paragraph: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">supporting demonstration projects for retraining experienced teachers and teacher aides serving in local educational agencies.”.</content> </paragraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 513(a) of such Act is amended by inserting in paragraph<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1103">20 USC 1103</ref>.</p></sidenote> (1) after “<quotedText>experienced teachers</quotedText>” a comma and the following: “<quotedText>teacher aides</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <chapeau class="inline">Section 513 (c) of such Act is amended—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">by striking out “<quotedText>3 per centum</quotedText>” in paragraph (2) and inserting in lieu thereof “<quotedText>5 per centum</quotedText>”;</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">by striking out in paragraph (2) “<quotedText>and the Virgin Islands</quotedText>” and inserting in lieu thereof “<quotedText>the Virgin Islands, Guam, American Samoa and the Trust Territory of the Pacific. Islands</quotedText>”; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">by striking out in paragraph (2) “<quotedText>or the Virgin Islands</quotedText>” and inserting in lieu thereof “<quotedText>the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands</quotedText>”.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 514(a)(2) of such Act is amended to read as follows:<sidenote><p class="firstIndent1 fontsize8">Compensation.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1104">20 USC 1104</ref>.</p></sidenote> <quotedContent> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">a teacher intern shall be compensated at such rates as the Commissioner may determine to be consistent with the nature of the program and with prevailing practices under comparable federally supported programs or local projects, not to exceed $150 per week plus $15 per week for each dependent; and”</content> </paragraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">The amendments made by subsection (a) shall be effective on<sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1101">20 USC 1101 note</ref>.</p></sidenote> and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">amendment to title ix respecting training in the legal. profession</heading> <num value="836"><inline class="smallCaps">Sec</inline>. 836. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Part D of title IX of the Higher Education Act of 1965 is amended by adding at the end thereof the following new section: <quotedContent> <section> <heading class="smallCaps centered">“assistance for training in the legal profession</heading> <num value="966">“<inline class="smallCaps">Sec</inline>. 966. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">The Commissioner is authorized prior to July 1, 1978,<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1134r–1">20 USC 1134r–1</ref>.</p></sidenote> to make grants to, or enter into contracts with, public and private agencies and organizations other than institutions of higher education for the purpose of assisting individuals from disadvantaged <page identifier="/us/stat/88/606">88 <inline class="smallCaps">Stat</inline>. 606</page>backgrounds, as determined in accordance with criteria prescribed by the Commissioner, to undertake training for the legal profession.</content> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <chapeau class="inline">Grants made, and contracts entered into under, subsection (a) may cover, in accordance with regulations of the Commissioner, all or part of the cost of—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">selecting individuals from disadvantaged backgrounds for training for the legal profession,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">facilitating the entry of such individuals into institutions of higher education for the purpose of pursuing such training,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">providing counseling or other services designed to assist such individuals to complete successfully such training,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">“(4) </num> <content class="inline">providing, for not more than three months prior to the entry of such individuals upon their courses of training for the legal profession, preliminary training for such individuals designed to assist them to complete successfully such training for the legal profession,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">“(5) </num> <content class="inline">paying such stipends (including allowances for travel and for dependents) as the Commissioner may determine for such individuals for any such period of preliminary training or for any period of training for the legal profession during which such individuals maintain satisfactory academic proficiency, as determined by the Commissioner, and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">“(6) </num> <content class="inline">paying for administrative activities of the agencies and organizations which receive such grants, or with which such contracts are entered into, to the extent such activities are for the purpose of furthering activities described in clauses (1) through (5).</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">“(c) </num> <content class="inline">The activities authorized under this section may be carried out without regard to the requirements and limitations set forth in <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1134o/s1134p">20 USC 1134<i>o</i>, 1134p</ref>.</p></sidenote>sections 962 and 963 of this part.”.</content> </subsection> </section> </quotedContent> </content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1134r–1">20 USC 1134r–1 note</ref>.</p></sidenote>(b) </num> <content class="inline">The amendment made by subsection (a) shall become effective on September 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">community college and occupational education amendment</heading> <num value="837"><inline class="smallCaps">Sec</inline>. 837. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1135">20 USC 1135</ref>.</p></sidenote> <content class="inline">Section 1001 (b)(1) is amended by striking out “<quotedText>1974</quotedText>” and inserting in lieu thereof “<quotedText>1975</quotedText>”.</content> </section> </part> <part> <num value="D"><inline class="smallCaps">Part D</inline>—</num> <heading class="inline"><inline class="smallCaps">Other Miscellaneous Provisions</inline></heading> <section> <heading class="smallCaps centered">amendments to the library services and construction act and the vocational education act of 1963 relating to bilingual education and vocational training</heading> <num value="841"><inline class="smallCaps">Sec</inline>. 841. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 102 of the Vocational Education Act of <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1242">20 USC 1242</ref>.</p></sidenote>1963 is amended by redesignating subsection (c), and all references thereto, as subsection (d), and by adding after subsection (b) thereof the following new subsection: <quotedContent> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Appropriation.</p></sidenote>“(c) </num> <content class="inline">There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, for the purpose of carrying out <sidenote><p class="firstIndent1 fontsize8"><i>Post</i>, p. 607.</p></sidenote>section 122(a)(4)(C). Nothing in this subsection shall be construed to affect the availability for such purpose of appropriations made pursuant to subsection (a).”.</content> </subsection> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1244">20 USC 1244</ref>.</p></sidenote>(2) </num> <content class="inline">Clause (D) of section 104(a)(1) of such Act is amended by inserting before the comma at the end thereof the following: “<quotedText>and of persons of limited English-speaking ability (as defined in section 703 (a) of title VII of the Elementary and Secondary Education Act of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 504.</p></sidenote>1965)</quotedText>”.</content> </paragraph> <page identifier="/us/stat/88/607">88 <inline class="smallCaps">Stat</inline>. 607</page> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Clause (A)(vii) of section 104(b)(1) of such Act is amended<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1244">20 USC 1244</ref>.</p></sidenote> by inserting before the comma at the end thereof the following: “<quotedText>(and may include, where appropriate, students who are persons of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965))</quotedText>”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 504.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4">(4) </num> <content class="inline">Section 108 of such Act is amended by adding at the end thereof<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1248">20 USC 1248</ref>.</p></sidenote> the following new paragraphs: <quotedContent> <paragraph class="indent1 fontsize10"> <num value="14">“(14) </num> <content class="inline">The term ‘vocational training’ means training or retraining<sidenote><p class="firstIndent1 fontsize8">“Vocational training.”</p></sidenote> which is conducted as part of a program designed to prepare individuals for gainful employment as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging occupations, but excluding any program to prepare individuals for employment in occupations which the Commissioner determines, and specifies by regulation, to be generally considered professional which requires a baccalaureate or higher degree; such term includes guidance and counseling (either individually or through group instruction) in connection with such training or for the purpose of facilitating occupational choices; instruction related to the occupation or occupations to which the students are in training or instruction necessary for students to benefit from such training; the training of persons engaged as, or preparing to become, instructors in a vocational training program; travel of students and vocational training personnel while engaged in a training program; and the acquisition, maintenance, and repair of instructional supplies, aids, and equipment, but such term does not include the construction, acquisition, or initial equipment of buildings or the acquisition or rental of land.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="15">“(15) </num> <content class="inline">The term ‘postsecondary educational institution’ means a<sidenote><p class="firstIndent1 fontsize8">“Post secondary educational institution.”</p></sidenote> nonprofit institution legally authorized to provide postsecondary education within a State for persons sixteen years of age or older, who have graduated from or left elementary or secondary school.”.</content> </paragraph> </quotedContent> </content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="5">(5)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">Clause (4) of section 122(a) of such Act is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1262">20 USC 1262</ref>.</p></sidenote> adding at the end thereof the following: <quotedContent> <subparagraph class="indent2 fontsize10"> <num value="C">“(C) </num> <content class="inline">vocational education for students of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965) carried out in coordination with bilingual education programs under such title VII and bilingual adult education programs under section 306(a)(11) of the Adult Education Act;”.<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 578.</p></sidenote></content> </subparagraph> </quotedContent> </content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="6">(6) </num> <content class="inline">Section 191 of such Act, and all references thereto, is redesignated<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1391">20 USC 1391</ref>.</p></sidenote> as section 189.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="7">(7) </num> <content class="inline">Title I of such Act is amended by adding at the end thereof the following new part: <quotedContent> <part> <num value="J">“<inline class="smallCaps">Part J</inline>—</num> <heading class="inline"><inline class="smallCaps">Bilingual Vocational Training</inline></heading> <section> <heading class="smallCaps centered">“statement of findings</heading> <num value="191">“<inline class="smallCaps">Sec</inline>. 191. </num> <content class="inline">The Congress hereby finds that one of the most acute<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393">20 USC 1393</ref>.</p></sidenote> problems in the United States is that which involves millions of citizens, both children and adults, whose efforts to profit from vocational training is severely restricted by their limited English-speaking ability because they come from environments where the dominant language is other than English; that such persons are therefore unable to help to fill the critical need for more and better trained personnel in vital occupational categories; and that such persons are unable to make their maximum contribution to the Nation’s economy and must, in fact, suffer the hardships of unemployment or underemployment. The Congress further finds that there is a critical shortage of instructors <page identifier="/us/stat/88/608">88 <inline class="smallCaps">Stat</inline>. 608</page>possessing both the job knowledge and skills and the dual language capabilities required for adequate vocational instruction of such language-handicapped persons, and a corresponding shortage of instructional materials and of instructional methods and techniques suitable for such instruction.</content> </section> <section> <heading class="smallCaps centered">“general responsibilities of the commissioner</heading> <num value="192">“<inline class="smallCaps">Sec</inline>. 192. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393a">20 USC 1393a</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner and the Secretary of Labor together shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">develop and disseminate accurate information on the status of bilingual vocational training in all parts of the United States;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">evaluate the impact of such bilingual vocational training on the shortages of well-trained personnel, the unemployment or underemployment of persons with limited English-speaking ability, and the ability of such persons to contribute fully to the economy of the United States; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3"><sidenote><p class="firstIndent1 fontsize8">Report to President and Congress.</p></sidenote>“(3) </num> <content class="inline">report their findings annually to the President and the Congress.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Consultation with Secretary of Labor.</p></sidenote>“(b) </num> <content class="inline">The Commissioner shall consult with the Secretary of Labor with respect to the administration of this part. Regulations and guidelines promulgated by the Commissioner to carry out this part shall be consistent with those promulgated by the Secretary of Labor pursuant to section 301 (b) of the Comprehensive Employment and Training <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s871">29 USC 871</ref>.</p></sidenote>Act of 1973 and shall be approved by the Secretary of Labor before issuance.</content> </subsection> </section> <section> <heading class="smallCaps centered">“authorization of appropriations</heading> <num value="193">“<inline class="smallCaps">Sec</inline>. 193. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393b">20 USC 1393b</ref>.</p></sidenote> <content class="inline">There are authorized to be appropriated $17,500,000 for the fiscal year ending June 30, 1975, to carry out the provisions of this part.</content> </section> <section> <heading class="smallCaps centered">“authorization of grants</heading> <num value="194">“<inline class="smallCaps">Sec</inline>. 194. </num><sidenote><p class="firstIndent1 fontsize8">Bilingual vocational training.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393c">20 USC 1393c</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">From the sums made available for grants under this part pursuant to section 193, the Commissioner is authorized to make grants to and enter into contracts with appropriate State agencies, local educational agencies, postsecondary educational institutions, private nonprofit vocational training institutions, and to other nonprofit organizations especially created to serve a group whose language as normally used is other than English in supplying training in recognized occupations and new and emerging occupations, and to enter into contracts with private for-profit agencies and organizations, to assist them in conducting bilingual vocational training programs for persons of all ages in all communities of the United States which are designed to insure that vocational training programs are available to all individuals who desire and need such bilingual vocational training.</content> </subsection> <subsection class="firstIndent1"> <num value="b"><sidenote><p class="firstIndent1 fontsize8">Payments to applicants.</p></sidenote>“(b) </num> <content class="inline">The Secretary shall pay to each applicant which has an application approved under this part an amount equal to the total sums expended by the applicant for the purposes set forth in that application.</content> </subsection> </section> <section> <heading class="smallCaps centered">“use of federal funds</heading> <num value="195">“<inline class="smallCaps">Sec</inline>. 195. </num><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393d">20 USC 1393d</ref>.</p><p class="firstIndent1 fontsize8"><i>Post</i>, p. 609.</p></sidenote> <chapeau class="inline">Grants and contracts under this part may be used, in accordance with applications approved under section 197, for—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">bilingual vocational training programs for persons who have completed or left elementary or secondary school and who are available for training by a postsecondary educational institution;</content> </paragraph> <page identifier="/us/stat/88/609">88 <inline class="smallCaps">Stat</inline>. 609</page> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">bilingual vocational training programs for persons who have already entered the labor market and who desire or need training or retraining to achieve year-round employment, adjust to changing manpower needs, expand their range of skills, or advance in employment; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">training allowances for participants in bilingual vocational training programs subject to the same conditions and limitations as are set forth in section 111 of the Comprehensive Employment and Training Act of 1973.<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t29/s821">29 USC 821</ref>.</p></sidenote></content> </paragraph> </section> <section> <heading class="smallCaps centered">“applications</heading> <num value="196">“<inline class="smallCaps">Sec</inline>. 196. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">A grant or contract for assistance under this part may<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393e">20 USC 1393e</ref>.</p></sidenote> be made only upon application to the Commissioner at such time, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Each such application shall—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">provide that the activities and services for which assistance under this part is sought will be administered by or under the supervision of the applicant;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">set forth a program for carrying out the purposes described in section 195; and<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 608.</p></sidenote></content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">set forth a program of such size, scope, and design as will make a substantial contribution toward carrying out the purposes of this part.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">No grant or contract may be made under this part directly to a local educational agency or a postsecondary educational institution or a private vocational training institution or any other eligible agency or organization unless that agency, institution, or organization has submitted the application to the State board established under part B of this title, or in the case of a State that does not have such a board, the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1261">20 USC 1261</ref>.</p></sidenote> similar State agency, for comment and includes the comment of that board or agency with the application.</content> </subsection> </section> <section> <heading class="smallCaps centered">“application approval by the commissioner</heading> <num value="197">“<inline class="smallCaps">Sec</inline>. 197. </num> <subsection class="inline"> <num value="a">(a) </num> <chapeau class="inline">The Commissioner may approve an application for<sidenote><p class="firstIndent1 fontsize8">Conditions.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1393f">20 USC 1393f</ref>.</p></sidenote> assistance under this part only if—</chapeau> <paragraph class="indent1 fontsize10"> <num value="1">“(1) </num> <content class="inline">the application meets the requirements set forth in subsection (a) of the previous section;</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">“(2) </num> <content class="inline">in the case of an application submitted for assistance under this part to an agency, institution, or organization other than the State board established under part B of this title, the requirement of subsection (b) of the previous section is met; and</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">“(3) </num> <content class="inline">in the case of an application submitted for assistance under this part, the Commissioner determines that the program is consistent with criteria established by him, where feasible, after consultation, with the State board established under part B of this title, for achieving equitable distribution of assistance under this part within that State.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">“(b) </num> <content class="inline">An amendment to an application shall, except as the Secretary may otherwise provide, be subject to approval in the same manner as the original application.”.</content> </subsection> </section> </part> </quotedContent> </content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Clause (4) of section 6(b) of the Library Services and Construction Act is amended by inserting before the period at the end<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s351d">20 USC 351d</ref>.</p></sidenote> thereof a comma and the following: “<quotedText>and to programs and projects which serve areas with high concentrations of persons of limited <page identifier="/us/stat/88/610">88 <inline class="smallCaps">Stat</inline>. 610</page>English-speaking ability (as defined in section 703(a) of title VII of <sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 504.</p></sidenote>the Elementary and Secondary Education Act of 1965, as amended)</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1242">20 USC 1242 note</ref>.</p></sidenote>(c) </num> <content class="inline">The amendments made by this section shall be effective on and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">assistance to states for state equalization plans</heading> <num value="842"><inline class="smallCaps">Sec</inline>. 842. </num><sidenote><p class="firstIndent1 fontsize8">Reimbursement to States.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s246">20 USC 246</ref>.</p></sidenote> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <chapeau class="inline">Any State desiring to develop a plan for a program of financial assistance to local educational agencies in that State to assist such agencies in the provision of free public education may, upon application therefor, be reimbursed for the development or administration of such a plan in accordance with the provisions of this <sidenote><p class="firstIndent1 fontsize8">Submittal to Commissioner.</p></sidenote>section. Each plan developed pursuant to, or which meets the requirements of, this section shall be submitted to the Commissioner not later than July 1, 1977, and shall, subject to the provisions of this section, be consistent with the guidelines developed pursuant to paragraph (3). Such plan shall be designed to implement a program of State aid for free public education—</chapeau> <subparagraph class="indent2 fontsize10"> <num value="A">(A) </num> <content class="inline">which is consistent with such standards as may be required by the fourteenth article of amendment to the Constitution; and</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B">(B) </num> <content class="inline">the primary purpose of which is to achieve equality of educational opportunity for all children in attendance at the schools of the local educational agencies of the State.</content> </subparagraph> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2"><sidenote><p class="firstIndent1 fontsize8">Guidelines.</p><p class="firstIndent1 fontsize8">Publication in Federal Register; submittal to President of the Senate and Speaker of the House.</p></sidenote>(2) </num> <content class="inline">The Commissioner shall develop guidelines defining the principles set forth in clauses (A) and (B) of paragraph (1). Not later than April 1, 1975, the Commissioner shall publish such guidelines in the Federal Register and submit such guidelines to the President of the Senate and the Speaker of the House of Representatives.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">During the sixty-day period following such publication, the Commissioner shall provide interested parties with an opportunity to present views and make recommendations with respect to such guidelines. <sidenote><p class="firstIndent1 fontsize8">Republication in Federal Register.</p></sidenote>Not later than July 1, 1975, the Commissioner shall (A) republish such guidelines in the Federal Register, together with any amendments thereto as may be merited and (B) publish in the Federal Register a summary of the views and recommendations presented by interested parties under the preceding sentence, together with the comments of the Commissioner respecting such views and recommendations.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="4"><sidenote><p class="firstIndent1 fontsize8">Submittal to President of the Senate and Speaker of the House.</p></sidenote>(4)</num> <subparagraph class="inline"> <num value="A">(A) </num> <content class="inline">The guidelines published in accordance with paragraph (3), together with any amendments, shall, not later than July 1, 1975, be submitted to the President of the Senate and the Speaker of the House of Representatives. If either the Senate or the House of Representatives adopts, prior to December 1, 1975, a resolution of disapproval of such guidelines, the Commissioner shall, prior to <sidenote><p class="firstIndent1 fontsize8">New guidelines.</p></sidenote>December 15, 1975, publish new guidelines. Such new guidelines shall take into consideration such views and policies as may be made in connection with such resolution and shall become effective thirty days after such publication.</content> </subparagraph> <subparagraph class="indent2 fontsize10"> <num value="B"><sidenote><p class="firstIndent1 fontsize8">Resolution of disapproval.</p></sidenote>(B) </num> <content class="inline">A resolution of disapproval under this paragraph may be in the form of a resolution of either the Senate or the House of Representatives or such resolution may be in the form of a concurrent resolution of both Houses. If such a resolution of disapproval is in the form of a concurrent resolution, the new guidelines published in accordance with the second sentence of subparagraph (A) of this paragraph shall be consistent with such policies as may be established by such concurrent resolution.</content> </subparagraph> <page identifier="/us/stat/88/611">88 <inline class="smallCaps">Stat</inline>. 611</page> <subparagraph class="indent2 fontsize10"> <num value="C">(C) </num> <content class="inline">If each of the Houses adopts a separate resolution with respect to guidelines submitted in accordance with this paragraph for any year and in connection therewith makes policy statements which differ substantially, then such differences may be resolved by the adoption of a concurrent resolution by both Houses. Any such concurrent resolution shall be deemed to be adopted in accordance with subparagraph (B).</content> </subparagraph> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Any State developing a plan pursuant to this section may reject any guidelines developed and published under subsection (a) of this section if such State, as a provision of its plan, states the reasons for each such rejection.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Each State that develops a plan under this section shall be<sidenote><p class="firstIndent1 fontsize8">Reimbursement to States, limitation.</p></sidenote> reimbursed for the reasonable amounts expended by the State in the development or administration of such a plan based upon the ratio of the population of that State to the population of all States except that no State shall receive less than $100,000 and no State shall receive more than $1,000,000.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">For the purposes of this section the term “State” means the<sidenote><p class="firstIndent1 fontsize8">“State.”</p></sidenote> fifty States.</content> </paragraph> </subsection> </section> <section> <heading class="smallCaps centered">treatment of puerto rico as a state</heading> <num value="843"><inline class="smallCaps">Sec</inline>. 843. </num> <subsection class="inline"> <num value="a">(a)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 143(b) of the Elementary and Secondary Education Act of 1965, 202(a)(1), and 302(a)(1) of such Act are<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g/s822/s842">20 USC 241g, 822, 842</ref>.</p></sidenote> each amended by striking out “<quotedText>Puerto Rico,</quotedText>”,</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 202(a)(2), 302(a)(2), 307(b),502(a)(1),522(a), 531 (c)(1)(A), and 531(c)(1)(B) of such Act are each amended by striking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s845/s862/s866a/s857">20 USC 845, 862, 866a, 857</ref>.</p></sidenote> out “<quotedText>the Commonwealth of Puerto Rico,</quotedText>” each time it appears.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Sections 202(a)(1) and 302(a)(1) of such Act are each amended by striking out “<quotedText>3 per centum</quotedText>” and inserting in lieu thereof “<quotedText>1 per centum</quotedText>”. Sections 502(a)(1), 522(a), and 531(c)(1)(A) of such Act are each amended by striking out “<quotedText>2 per centum</quotedText>” and inserting in lieu thereof“<quotedText>! per centum</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="b">(b)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Effective after June 30, 1975, section 612(a)(1) of the Education<sidenote><p class="firstIndent1 fontsize8">Effective dates.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1412">20 USC 1412 and note</ref>.</p></sidenote> of the Handicapped Act is amended by striking out “<quotedText>Puerto Rico,</quotedText>”</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Effective after June 30 1975, sections 612(a)(2) and 613(a)(1) of the Education of the Handicapped Act are each amended by striking<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1413">20 USC 1413</ref>.</p></sidenote> out “<quotedText>the Commonwealth of Puerto Rico,</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Effective after June 30, 1975, section 612(a)(1) of the Education of the Handicapped Act is amended by striking out “<quotedText>3 per centum</quotedText>” and inserting in lieu thereof “<quotedText>1 per centum</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="c">(c)</num> <paragraph class="inline"> <num value="1">(1) </num> <content class="inline">Section 303(f) of the Adult Education Act is amended by<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1202">20 USC 1202</ref>.</p></sidenote> striking out “<quotedText>the Commonwealth of Puerto Rico,</quotedText>” where it occurs, and by inserting “<quotedText>the Commonwealth of Puerto Rico,</quotedText>” after “<quotedText>the District of Columbia,</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="2">(2) </num> <content class="inline">Section 305 (a) of such Act is amended by striking out “<quotedText>Puerto<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1204">20 USC 1204</ref>.</p></sidenote> Rico,</quotedText>”.</content> </paragraph> <paragraph class="indent1 fontsize10"> <num value="3">(3) </num> <content class="inline">Section 305 (a) of the Adult Education Act is amended by striking out “<quotedText>2 per centum</quotedText>” and inserting in lieu thereof “<quotedText>1 per centum</quotedText>”.</content> </paragraph> </subsection> <subsection class="firstIndent1"> <num value="d">(d) </num> <content class="inline">Notwithstanding any provision of part. A of title I of the<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241c">20 USC 241c</ref>.</p></sidenote> Elementary and Secondary Education Act of 1965, the amount which the Commonwealth of Puerto Rico is eligible to receive under subpart. 1 of such part A or under sections 121, 122, or 123 for the fiscal year<sidenote><p class="firstIndent1 fontsize8"><i>Ante</i>, p. 491.</p></sidenote> ending June 30, 1975, shall not exceed 50 per centum of the full amount the Commonwealth of Puerto Rico would receive (after required <page identifier="/us/stat/88/612">88 <inline class="smallCaps">Stat</inline>. 612</page>ratable reductions) under such subpart or section but for this subsection, and for the fiscal years ending June 30, 1976, June 30, 1977, and June 30, 1978, such amount shall not exceed 75 per centum of the full amount the Commonwealth of Puerto Rico would receive (after required ratable reductions) under such subpart or section but for this subsection.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8">Effective date.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241g">20 USC 241g note</ref>.</p></sidenote>(e) </num> <content class="inline">Unless otherwise specifically provided, the amendments made by this section shall be effective on and after July 1, 1974.</content> </subsection> </section> <section> <heading class="smallCaps centered">provision relating to sex discrimination</heading> <num value="844"><inline class="smallCaps">Sec</inline>. 844. </num><sidenote><p class="firstIndent1 fontsize8">Proposed regulations, publication.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1681">20 USC 1681 note</ref>.</p><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1681">20 USC 1681</ref>.</p></sidenote> <content class="inline">The Secretary shall prepare and publish, not later than 30 days after the date of enactment of this Act, proposed regulations implementing the provisions of title IX of the Education Amendments of 1972 relating to the prohibition of sex discrimination in federally assisted education programs which shall include with respect to intercollegiate athletic activities reasonable provisions considering the nature of particular sports.</content> </section> <section> <heading class="smallCaps centered">extension of advisory councils</heading> <num value="845"><inline class="smallCaps">Sec</inline>. 845. </num> <subsection class="inline"> <num value="a">(a) </num> <content class="inline">Section 148(c) of the Elementary and Secondary <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241l">20 USC 241<i>l</i></ref>.</p></sidenote>Education Act of 1965 is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1233g">20 USC 1233g</ref>.</p></sidenote>Education Provisions Act, the National Council shall continue to exist until July 1, 1978.</quotedText>”</content> </subsection> <subsection class="firstIndent1"> <num value="b">(b) </num> <content class="inline">Section 309(c) of the Elementary and Secondary Education <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s847a">20 USC 847a</ref>.</p></sidenote>Act of 1965 is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the Council shall continue to exist until July 1, 1978, except that the Council shall not exist during any year for which funds are available for obligation by the Commissioner for carrying <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221</ref>.</p></sidenote>out title IV.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="c">(c) </num> <content class="inline">Section 708(a) of the Elementary and Secondary Education <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s880b–5">20 USC 880b–5</ref>.</p></sidenote>Act of 1965 is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the Advisory Committee shall continued to exist until July 1, 1978.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="d"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221g">20 USC 1221g</ref>.</p></sidenote>(d) </num> <content class="inline">Section 442(a) of the Education Amendments of 1972 is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the National Council shall continue to exist until July 1, 1978.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="e"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1615">20 USC 1615</ref>.</p></sidenote>(e) </num> <content class="inline">Section 716(b) of the Emergency School Aid Act is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, such Council shall continue to exist until July 1, 1975.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="f"><sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1209">20 USC 1209</ref>.</p></sidenote>(f) </num> <content class="inline">Section 310(b) of the Adult Education Act is amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the Council shall continue to exist until July 1, 1978.</quotedText>”.</content> </subsection> <subsection class="firstIndent1"> <num value="g">(g) </num> <content class="inline">Section 104(a) of the Vocational Education Act of 1963 is <sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s1244">20 USC 1244</ref>.</p></sidenote>amended by adding at the end thereof the following new sentence: “<quotedText>Subject to section 448(b) of the General Education Provisions Act, the National Council shall continue to exist until July 1, 1976.</quotedText>”.</content> </subsection> </section> <page identifier="/us/stat/88/613">88 <inline class="smallCaps">Stat</inline>. 613</page> <section> <heading class="smallCaps centered">separability</heading> <num value="846"><inline class="smallCaps">Sec</inline>. 846. </num> <content class="inline">If any provision of, or any amendment made by, titles<sidenote><p class="firstIndent1 fontsize8"><ref href="/us/usc/t20/s241b">20 USC 241b note</ref>.</p><p class="firstIndent1 fontsize8"><i>Ante</i>, pp. 488–535.</p><p class="firstIndent1 fontsize8">USC prec. title 1.</p></sidenote> I and IV of this Act is held invalid by reason of being inconsistent with the Constitution, all provisions of this Act and amendments made by this Act which are separable from such invalid provision or amendment shall remain in effect. If any such provision or amendment is held invalid in one or more applications of such provision or amendment, such provision or amendment shall remain in effect in all valid applications which are separable from any such application.</content> </section> </part> Approved August 21, 1974.
Public Law 93–381: Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes. Public Law 381 Public Law 93–381 1974-08-21 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–381
AN ACT Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes.

August 21, 1974

[H. R. 15544]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Treasury, Postal Service, and General Government Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending June 30, 1975, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">TREASURY DEPARTMENT</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Treasury Department Appropriations Act, 1975.</p></sidenote> <appropriations level="intermediate"><heading><inline class="smallCaps">Office of the Secretary</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses in the Office of the Secretary, including the operation and maintenance of the Treasury Building and Annex thereof; hire of passenger motor vehicles; and not to exceed $10,000 for official reception and representation expenses; $25,850,000, of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential character, to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate, and of which $3,600,000 shall be for repairs and improvements to Treasury buildings and shall remain available until expended.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Federal Law Enforcement Training Center</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Federal Law Enforcement Training Center, including purchase of six passenger motor vehicles for police-type use; and the hire of passenger motor vehicles; $3,100,000.</content> </appropriations> <page identifier="/us/stat/88/614">88 <inline class="smallCaps">Stat.</inline> 614</page> <appropriations level="small"><heading><inline class="smallCaps">construction</inline></heading> <content>For necessary expenses for preparation of plans and specifications, acquisition of land, and construction of facilities for the Federal Law Enforcement Training Center, $18,915,000, to remain available until expended: <proviso><i>Provided</i>, That such sums as are necessary may be transferred to the General Services Administration for execution of the work.</proviso></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">expenses for economic stabilization</inline></heading> <subheading>(<inline class="smallCaps">liquidating functions</inline>)</subheading> <content>For expenses necessary to enable the Secretary of the Treasury to terminate and provide for an orderly phaseout by December 31, 1974, of the economic stabilization activities conducted under the Economic Stabilization Act of 1970, as amended, including services as authorized <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1904">12 USC 1904</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote> by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for GS–18, $2,000,000: <proviso><i>Provided</i>, That advances, repayments or transfers may be made to any department or agency for expenses of such termination.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Bureau of Accounts</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Bureau of Accounts, $100,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Payment of Government Losses in Shipment</inline></heading> <content>For payment of Government losses in shipment, in accordance with section 2 of the Act approved July 8, 1937 (40 U.S.C. 722), $600,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Bureau of Alcohol, Tobacco and Firearms</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Bureau of Alcohol, Tobacco and Firearms including purchase of (not to exceed two hundred and forty for replacement only, for police-type use), and hire of passenger motor vehicles; hire of aircraft; and services of expert witnesses at such rates as may be determined by the Director; $92,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">United States Customs Service</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the United States Customs Service, including purchase of eighty-nine passenger motor vehicles (of which seventy-eight shall be for replacement only), including seventy-nine <page identifier="/us/stat/88/615">88 <inline class="smallCaps">Stat.</inline> 615</page> for police-type use; acquisition (purchase of two), operation, and maintenance of aircraft; hire of passenger motor vehicles and aircraft; and awards of compensation to informers as authorized by the Act of August 13, 1953 (22 U.S.C. 401); $284,800,000, of which not to exceed $150,000 shall be available for payment for rental space in connection with preclearance operations.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Bureau of the Mint</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Bureau of the Mint, including purchase of one passenger motor vehicle for replacement only; and not to exceed $2,500 for the expenses of the annual assay commission; $32,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Bureau of the Public Debt</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">administering the public debt</inline></heading> <content>For necessary expenses connected with any public-debt issues of the United States, $88,500,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Internal Revenue Service</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Internal Revenue Service, not otherwise provided for, including executive direction, administrative support, and internal audit and security; hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $41,000,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">accounts, collection and taxpayer service</inline></heading> <content>For necessary expenses of the Internal Revenue Service for processing tax returns, revenue accounting, providing assistance to taxpayers, securing unfiled tax returns, and collecting unpaid taxes; hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; including not to exceed $10,000,000 for employees on temporary appointments and not to exceed $183,000 for salaries of personnel engaged in preemployment training of data transcriber applicants; $712,600,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">compliance</inline></heading> <content>For necessary expenses of the Internal Revenue Service for determining and establishing tax liabilities, and for investigation and enforcement activities, including purchase (not to exceed two hundred and three of which seventy-eight shall be for replacement only, for police-type use) and hire of passenger motor vehicles; and services of expert witnesses at such rates as may be determined by the Commissioner; $791,000,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/616">88 <inline class="smallCaps">Stat.</inline> 616</page> <appropriations level="intermediate"><heading><inline class="smallCaps">Federal Tax Lien Revolving Fund</inline></heading> <content>For increased capitalization of the revolving fund for redemption of real property, established by the Federal Tax Lien Act of 1966 (26 U.S.C. 7810(a)), $500,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Office of the Treasurer</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Office of the Treasurer, $14,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">United States Secret Service</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses for the operation of the United States Secret Service, including purchase (not to exceed eighty-eight for police-type use of which seventy-seven are for replacement only) and hire of passenger motor vehicles; hire of aircraft; training and assistance requested by State and local governments which may be provided without reimbursement; and fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be necessary to perform protective functions; $79,300,000: <proviso><i>Provided</i>, That funds appropriated to the United States Secret Service shall be available to provide protection to the immediate family of the Vice President of the United States and for the utilization of the Executive Protective Service to provide security at the official residence of the Vice President.</proviso></content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions—Treasury Department</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <content><p>Appropriations in this Act to the Treasury Department shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–2) including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services as authorized by 5 U.S.C. 3109.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Treasury Department Appropriations <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p></sidenote> Act, 1975</shortTitle>”.</p></content> </section> <num value="II">TITLE II—</num><heading class="inline">POSTAL SERVICE</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Postal Service Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"><heading><inline class="smallCaps">Payment to the Postal Service Fund</inline></heading> <content><p class="firstIndent1 fontsize10">For payment to the Postal Service Fund for public service costs and for revenue foregone on free and reduced-rate mail, pursuant to 39 U.S.C. 2401 (b) and (c), and for meeting the liabilities of the former Post Office Department to the Employees’ Compensation Fund and to postal employees for earned and unused annual leave as of June 30, 1971, pursuant to 39 U.S.C. 2004, $1,550,000,000.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Postal Service Appropriation Act, <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p></sidenote> 1975</shortTitle>”.</p></content> </appropriations> 88 Stat. 617 <num value="III">TITLE III—</num><heading class="inline">EXECUTIVE OFFICE OF THE PRESIDENT</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Executive Office Appropriation Act, 1975.</p></sidenote> <appropriations level="intermediate"><heading><inline class="smallCaps">Compensation of the President</inline></heading> <content>For compensation of the President, including an expense allowance at the rate of $50,000 per annum as authorized by 3 U.S.C. 102, $250,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Council of Economic Advisers</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Council in carrying out its functions under the Employment Act of 1946 (15 U.S.C. 1021), $1,600,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Council on International Economic Policy</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Council on International Economic Policy, including personnel services without regard to the provisions of law regulating the employment and compensation of persons in the Government service, $1,600,000 of which, an amount not to exceed $1,000 may be expended for official entertainment.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Domestic Council</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Domestic Council, including services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18; and other <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote> personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; $1,250,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Unanticipated Personnel Needs</inline></heading> <content>For expenses necessary to enable the President to meet unanticipated personnel needs, for emergencies affecting the national interest, security, or defense which may arise at home or abroad during the current fiscal year, and to pay administrative expenses incurred with respect thereto, $500,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Executive Residence</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">operating expenses</inline></heading> <content>For the care, maintenance, repair and alteration, refurnishing, improvement, heating and lighting, including electric power and fixtures, of the Executive Residence, and official entertainment expenses of the President, $1,695,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/618">88 <inline class="smallCaps">Stat.</inline> 618</page> <appropriations level="intermediate"><heading><inline class="smallCaps">Official Residence of the Vice President</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">operating expenses</inline></heading> <content>For the care, maintenance, repair and alteration, furnishing, improvement, heating and lighting, including electric power and fixtures, of the official residence of the Vice President, $315,000: <proviso><i>Provided</i>, That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Federal Energy Office</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>No part of any appropriation contained in this or any other Act for the regulatory functions of the Federal Energy Administration under authority of Public Law 91–159, shall be obligated or expended beyond <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s751">15 USC 751</ref> note.</p></sidenote> the expiration date of that Act except with explicit approval of the appropriations committees.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">National Commission on Productivity</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the National Commission on Productivity, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $2,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">National Security Council</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for the National Security Council, including services as authorized by 5 U.S.C. 3109, $2,900,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Office of Management and Budget</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for the Office of Management and Budget, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $21,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Office of Telecommunications Policy</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for the conduct of telecommunications functions assigned to the Director of the Office of Telecommunications policy, including hire of passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, $8,450,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/619">88 <inline class="smallCaps">Stat.</inline> 619</page> <appropriations level="intermediate"><heading><inline class="smallCaps">Special Action Office for Drug Abuse Prevention</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Special Action Office for Drug Abuse Prevention, $3,000,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">pharmacological research</inline></heading> <content>For necessary expenses in connection with activities authorized by section 224 of the Drug Abuse Office and Treatment Act of 1972 (Public Law 92–255), $4,000,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t21/s1134">21 USC 1134.</ref></p></sidenote></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">special fund for drug abuse</inline></heading> <content>For the “Special fund” established by section 223 of the Drug Abuse Office and Treatment Act of 1972 (Public Law 92–255), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t21/s1133">21 USC 1133.</ref></p></sidenote> $11,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Special Assistance to the President</inline></heading> <content>For expenses necessary to enable the Vice President to provide assistance to the President in connection with specially assigned functions, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem equivalent of the rate for grade GS–18, compensation for one position at a rate not to exceed the rate <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5313">5 USC 5313</ref> note.</p></sidenote> of level II of the Executive schedule, and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service, including hire of passenger motor vehicles, $910,000.</content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">The White House Office</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content><p class="firstIndent1 fontsize10">For expenses necessary for the White House Office as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109, at such per diem rates for individuals as the President may specify, and other personal services without regard to the provisions of law regulating the employment and compensation of persons in the Government service; hire of passenger motor vehicles, newspapers, periodicals, teletype news service, and travel (not to exceed $100,000); and not to exceed $10,000 for official entertainment expenses to be available for allocation within the Executive Office of the President; $16,367,000.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Executive Office Appropriation Act, <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p></sidenote> 1975</shortTitle>”.</p></content> </appropriations> </appropriations> <num value="IV">TITLE IV—</num><heading class="inline">INDEPENDENT AGENCIES</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Independent Agencies Appropriations Act, 1975.</p></sidenote> <appropriations level="intermediate"><heading><inline class="smallCaps">Administrative Conference of the United States</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Administrative Conference of the United States, established by the Administrative Conference Act, as amended (5 U.S.C. 571 et seq.), $750,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/620">88 <inline class="smallCaps">Stat.</inline> 620</page> <appropriations level="intermediate"><heading><inline class="smallCaps">Advisory Commission on Intergovernmental Relations</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary to carry out the provisions of the Act of September 24, 1959 (73 Stat. 703–706), $1,075,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4271">42 USC 4271</ref> <i>et seq.</i></p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Advisory Committee on Federal Pay</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses of the Advisory Committee on Federal Pay, established by 5 U.S.C. 5306, $130,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Civil Service Commission</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; and advances or reimbursements to applicable funds of the Commission and the Federal Bureau of Investigation for expenses incurred under Executive Order 10422 of January 9, 1953, as amended; $90,000,000 together with not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287</ref> note.</p></sidenote> to exceed $18,698,000 for current fiscal year administrative expenses for the retirement and insurance programs to be transferred from the appropriate trust funds of the Commission in amounts determined by the Commission without regard to other statutes: <proviso><i>Provided</i>, That the provisions of this appropriation shall not affect the authority to use applicable trust funds for administrative expenses of effecting statutory annuity adjustments.</proviso> No part of the appropriation herein made to the Civil Service Commission shall be available for the salaries and expenses of the Legal Examining Unit of the Commission, established pursuant to Executive Order 9358 of July 1, 1943, or any successor unit of like purpose.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/cfr/3/1943–1948">3 CFR, 1943–1948</ref> Comp., p. 256.</p></sidenote> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">government payment for annuitants, employees health benefits</inline></heading> <content>For payment of Government contributions with respect to retired employees, as authorized by chapter 89 of title 5, United States Code, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s8901">5 USC 8901.</ref></p></sidenote> and the Retired Federal Employees Health Benefits Act (74 Stat. 849), as amended, $264,817,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">payment to civil service retirement and disability fund</inline></heading> <content>For financing the unfunded liability of new and increased annuity benefits becoming effective on or after October 20, 1969, as authorized by 5 U.S.C. 8348, and annuities under special acts, to be credited to the Civil Service retirement and disability fund, $882,287,000: <proviso><i>Provided</i>, That annuities authorized by the Act of May 29, 1944, as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t33/s776">33 USC 776.</ref></p></sidenote> amended (2 C.Z.C. 181) and the Act of August 19, 1950, as amended (33 U.S.C. 771–775) may hereafter be paid out of the Civil Service retirement and disability fund.</proviso></content> </appropriations> <page identifier="/us/stat/88/621">88 <inline class="smallCaps">Stat.</inline> 621</page> <appropriations level="small"><heading><inline class="smallCaps">federal labor relations council</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary to carry out functions of the Civil Service Commission under Executive Order No. 11491 of October 29, 1969, as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s7301">5 USC 7301</ref> note.</p></sidenote> amended, $975,000: <proviso><i>Provided</i>, That public members of the Federal Service Impasses Panel may be paid travel expenses per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government Service, and compensation as authorized by 5 U.S.C. 3109.</proviso></content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">intergovernmental personnel assistance</inline></heading> <content>For grants to improve State and local personnel administration, as authorized by the Intergovernmental Personnel Act of 1970, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4701">42 USC 4701</ref> note.</p></sidenote> $15,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Commission on the Review of the National Policy Toward Gambling</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary to carry out functions of the Commission on the Review of the National Policy Toward Gambling, established by section 804 of the Organized Crime Control Act of 1970 (P.L. 91–452; 84 Stat. 938), $1,000,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s1955">18 USC 1955</ref> note.</p></sidenote></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for the Committee for Purchase of Products and Services of the Blind and Other Severely Handicapped, established by the Act of June 23, 1971, Public Law 92–28, including hire <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t41/s48c">41 USC 48c.</ref></p></sidenote> of passenger motor vehicles, $252,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">General Services Administration</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">disposal of surplus real and related personal property, operating expenses</inline></heading> <content>Not to exceed $7,200,000 of any proceeds received by the General Services Administration during the current fiscal year from transfers of excess property and the disposal of surplus real and related personal property shall be deposited to this appropriation, and shall be available for necessary expenses incurred in the Federal Buildings Fund in carrying out surplus property functions, pursuant to the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460 1–5).</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">federal buildings fund</inline></heading> <heading><inline class="smallCaps">limitations on availability of revenue</inline></heading> <content><p class="firstIndent1 fontsize10">The revenues and collections deposited into a fund pursuant to Section 210(f) of the Federal Property and Administrative Services Act<page identifier="/us/stat/88/622">88 <inline class="smallCaps">Stat.</inline> 622</page> of 1949, as amended (40 U.S.C. 490(f)), shall be available during the current fiscal year for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving Government agencies (including space adjustments) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings and moving; repair and alteration of federally owned buildings, including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, taxes, and any other obligations for public buildings acquired by purchase contract; in the aggregate amount of $1,008,870,700 of which (1) not to exceed $25,000,000 shall be available for construction of buildings as authorized by law including construction projects at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows:</p> <list> <listItem><listContent class="indent1 fontsize10 depth0">New Construction:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth1">Arizona:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Lukeville Border Station, $2,081,000</listContent></listItem></list></listItem> <listItem><listContent class="indent2 fontsize10 depth1">Texas:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Laredo Border Station, $15,462,000</listContent></listItem></list></listItem> <listItem><listContent class="indent2 fontsize10 depth1">Washington:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Blaine, Pacific Highway Border Station, $3,374,000</listContent></listItem></list></listItem></list></listItem> </list> <list> <listItem><listContent class="indent1 fontsize10 depth0">Extensions and conversions:</listContent> <list> <listItem><listContent class="indent2 fontsize10 depth1">Colorado:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Denver, Federal Center Building #50, $1,209,000</listContent></listItem> <listItem><listContent class="indent4 fontsize10 depth3">Denver, Federal Center Building #85, $1,727,000</listContent></listItem></list></listItem> <listItem><listContent class="indent2 fontsize10 depth1">Ohio:</listContent> <list> <listItem><listContent class="indent4 fontsize10 depth3">Dayton, Federal Depot, #4, $1,147,000</listContent></listItem></list></listItem></list></listItem> </list> <p class="indent0 firstIndent0 fontsize10"><proviso><i>Provided</i>, That the immediately foregoing limits of costs may be exceeded to the extent that savings are effected in other such projects, but by not to exceed 10 per centum; (2) not to exceed $26,244,000 for purchase contract payments; (3) not to exceed $350,000,000 for rental of space; (4) not to exceed $98,000,000 for alterations and major repairs; (5) not to exceed $354,000,000 for real property operations; (6) not to exceed $54,037,000 for program direction and centralized services; and (7) not to exceed $101,589,700 of the amounts merged with the fund pursuant to section 210(f)(3) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(3)) of which (a) not to exceed $69,995,700 for the construction of buildings as authorized by law including construction projects at locations and at maximum construction improvement costs (including funds for sites and expenses) as follows:</proviso></p> <page identifier="/us/stat/88/623">88 <inline class="smallCaps">Stat.</inline> 623</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:bottom">Alabama:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Mobile Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">$224,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Alaska:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Fairbanks Federal Office Building and Parking Facility</td> <td style="text-align:right; vertical-align:bottom">638,500</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Anchorage Court House, Federal Office Building, and Park Facility</td> <td style="text-align:right; vertical-align:bottom">2,000,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Alaska Highway Border Station</td> <td style="text-align:right; vertical-align:bottom">839,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Juneau Post Office and Court House</td> <td style="text-align:right; vertical-align:bottom">12,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Petersburg Federal Office Building and Post Office</td> <td style="text-align:right; vertical-align:bottom">25,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Arizona:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Nogales Border Station #2</td> <td style="text-align:right; vertical-align:bottom">2,670,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Arkansas:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Batesville Post Office, Court House, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">86,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Fayetteville Court House and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">89,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">California:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Los Angeles Federal Office Building and Multi-Parking Facility</td> <td style="text-align:right; vertical-align:bottom">1,981,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Diego Border Station</td> <td style="text-align:right; vertical-align:bottom">1,724,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Hawthorne Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">92,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Santa Rosa Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">235,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Santa Ana Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">18,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Diego Federal Building</td> <td style="text-align:right; vertical-align:bottom">225,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Calexico Border Station</td> <td style="text-align:right; vertical-align:bottom">88,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Connecticut:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New Haven Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">877,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Delaware:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Wilmington Court House, Customs Court, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">151,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">District of Columbia:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">South Portal Site Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">10,631,300</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">James Forrestal Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">170,700</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Department of Labor Building</td> <td style="text-align:right; vertical-align:bottom">11,083,600</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">J. E. Hoover Federal Bureau of Investigation Building</td> <td style="text-align:right; vertical-align:bottom">514,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Florida:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Orlando Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">99,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Tampa Motor Pool</td> <td style="text-align:right; vertical-align:bottom">15,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">West Palm Beach Post Office and Courthouse</td> <td style="text-align:right; vertical-align:bottom">31,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Georgia:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Atlanta, Richard B. Russell Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">700,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Augusta Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">99,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Griffin Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">176,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Rome Post Office and Courthouse</td> <td style="text-align:right; vertical-align:bottom">106,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Waycross Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">19,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Hawaii:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Honolulu Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">115,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Idaho:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Sandpoint Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">16,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Illinois:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Chicago Federal Supply Center and Parking Facility</td> <td style="text-align:right; vertical-align:bottom">312,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Chicago Federal Archives and Records Center</td> <td style="text-align:right; vertical-align:bottom">15,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Chicago Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">1,194,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Alton Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">50,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Carbondale Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">261,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Indiana:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Indianapolis Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">15,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Indianapolis Post Office and Courthouse</td> <td style="text-align:right; vertical-align:bottom">10,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Iowa:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Iowa City Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">12,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Kansas:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Topeka Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">662,500</td> </tr> </tbody> </table> <page identifier="/us/stat/88/624">88 <inline class="smallCaps">Stat.</inline> 624</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:bottom">Kentucky:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Covington, Internal Revenue Service Center</td> <td style="text-align:right; vertical-align:bottom">79,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Frankfort Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">67,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Louisville Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">53,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Louisiana:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Houma, A. J. Ellender Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">160,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New Orleans Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">30,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Maryland:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Baltimore, E. A. Garmatz Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">22,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Massachusetts:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New Bedford, Hastings Keith Federal Building</td> <td style="text-align:right; vertical-align:bottom">204,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Michigan:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Ann Arbor, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">322,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Detroit, Patrick V. McNamara Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">49,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Grand Rapids, Courthouse and Federal Building</td> <td style="text-align:right; vertical-align:bottom">57,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Saginaw, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">448,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Mississippi:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Aberdeen, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">54,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Hattiesburg, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">69,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Oxford, Courthouse, Post Office, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">82,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Nebraska:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Lincoln, Courthouse, Federal Office Building, and Park Facility</td> <td style="text-align:right; vertical-align:bottom">67,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">New Hampshire:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Manchester Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">456,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">New Mexico:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Gallup Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">137,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">New York:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Buffalo Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">950,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Champlain Border Station</td> <td style="text-align:right; vertical-align:bottom">262,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Hyde Park, F. D. Roosevelt Library Extension</td> <td style="text-align:right; vertical-align:bottom">65,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New York, Customs Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">113,500</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Rochester, Customs Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">70,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">New York, Foley Square Courthouse Annex</td> <td style="text-align:right; vertical-align:bottom">757,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">North Carolina:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Winston-Salem, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">889,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Ohio:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Akron, Courthouse, Federal Office Building and Parking Facility</td> <td style="text-align:right; vertical-align:bottom">43,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Akron, Post Office</td> <td style="text-align:right; vertical-align:bottom">13,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Columbia, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">861,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Dayton, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">42,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Mansfield Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">348,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Oklahoma:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Oklahoma City, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">603,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Oregon:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Eugene, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">30,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Portland, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">12,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Pennsylvania:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Philadelphia, J. A. Byrne Courthouse and W. J. Greene, Jr., Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">10,624,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Williamsport, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">335,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Puerto Rico:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Juan, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">25,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Rhode Island:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Providence, Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">38,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">South Carolina:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Columbia, Courthouse, Federal Office Building, Parking Facility and Vehicle Maintenance Facility</td> <td style="text-align:right; vertical-align:bottom">955,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Florence, John L. McMillan Federal Building and Courthouse</td> <td style="text-align:right; vertical-align:bottom">327,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">South Dakota:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Huron, Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">470,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Rapid City, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">31,000</td> </tr> </tbody> </table> <page identifier="/us/stat/88/625">88 <inline class="smallCaps">Stat.</inline> 625</page> <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <tbody> <tr> <td style="text-align:left; vertical-align:bottom">Tennessee:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Nashville, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">130,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Texas:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Dallas, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">31,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">McAllen, Border Patrol Sector Headquarters</td> <td style="text-align:right; vertical-align:bottom">22,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Marfa, Border Patrol Headquarters</td> <td style="text-align:right; vertical-align:bottom">136,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Midland, Post Office, Courthouse, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">135,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Antonio, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">594,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">San Antonio, Post Office</td> <td style="text-align:right; vertical-align:bottom">73,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Vermont:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Norton, Border Station</td> <td style="text-align:right; vertical-align:bottom">10,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Brattleboro, Post Office, Court House, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">10,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Virginia:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Quantico, Federal Bureau of Investigation Academy</td> <td style="text-align:right; vertical-align:bottom">555,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Roanoke, R. H. Poff Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">37,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Virgin Islands:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Charlotte Amalie, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">45,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Washington:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Blaine, Peace Arch Border Station</td> <td style="text-align:right; vertical-align:bottom">3,081,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Seattle, Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">2,503,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Seattle, Federal Center South</td> <td style="text-align:right; vertical-align:bottom">2,878,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">West Virginia:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Morgantown, Post Office and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">200,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Elkins, Post Office, Courthouse, and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">454,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom">Wisconsin:</td> <td style="text-align:right; vertical-align:bottom"></td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:1em;" leaders="yes">Madison, Courthouse and Federal Office Building</td> <td style="text-align:right; vertical-align:bottom">680,000</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom text-indent:1em;" leaders="yes">Total</td> <td style="text-align:right; vertical-align:bottom; border-top:1px solid black">69,995,700</td> </tr> </tbody> </table> <p class="indent0 firstIndent0 fontsize10"><proviso><i>Provided</i>, That the immediately foregoing limits of cost may be exceeded to the extent that they apply to construction projects previously included in the appropriation, Construction, Public Buildings Projects, to the extent that savings are affected in other such projects, but by not to exceed 10 per centum of the amounts previously appropriated for such projects under such appropriation; (b) not to exceed $700,000 for repair and improvement of public buildings; (c) not to exceed $5,245,000 for additional court facilities; (d) not to exceed $16,149,000 for construction services of on-going construction projects; and (e) $9,500,000 for the completion of buildings management projects, including charges for work for other agencies begun in prior years but not yet completed and $2,571,000 to be deposited in the Treasury as miscellaneous receipts:</proviso> <proviso><i>Provided further</i>, That for the purposes of this authorization, buildings constructed pursuant to the Public Buildings Purchase Contract Act of 1954 (40 U.S.C. 356), the Public Buildings Amendments of 1972 (40 U.S.C. 490) and buildings under the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/86/216">86 Stat. 216.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603</ref> note.</p></sidenote> control of another department or agency where alterations of such buildings are required in connection with the moving of such other department or agency from buildings then, or thereafter to be, under the control of General Services Administration shall be considered to be federally owned buildings:</proviso> <proviso><i>Provided further</i>, That amounts necessary to provide reimbursable special services to other agencies under Section 210(f)(6) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(f)(6)) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret <page identifier="/us/stat/88/626">88 <inline class="smallCaps">Stat.</inline> 626</page> Service to perform its protective functions pursuant to 18 U.S.C. 3056, as amended, shall be available from such revenues and collections: </proviso><proviso><i>Provided further</i>, That any revenues and collections and any other sums accruing to this Fund, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)), in excess of $1,088,870,700 shall be deposited in miscellaneous receipts of the Treasury of the United States.</proviso></p></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">federal supply service</inline></heading> <heading><inline class="smallCaps">operating expenses</inline></heading> <content>For expenses, not otherwise provided, necessary for supply distribution (including contractual services incident to receiving, handling and shipping supply items), procurement, inspection, standardization, and supply management activities as authorized by law, transportation, public utilities, the utilization of excess property, the disposal of surplus property, the rehabilitation of personal property, the national stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98–98h), the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73 Stat. 607), and the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t7/s1704">7 USC 1704.</ref></p></sidenote> inventory maintained under the Defense Production Act of 1950, as amended (50 U.S.C. 2061–2166), including services as authorized by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2061–2166">50 USC app. 2061–2166.</ref></p></sidenote> 5 U.S.C. 3109, $165,500,000: <proviso><i>Provided</i>, That during the current fiscal year the General Services Administration is authorized to acquire leasehold interests in property, for periods not in excess of twenty years, for the storage, security, and maintenance of strategic, critical, and other materials in the national and supplemental stockpiles, provided said leasehold interests are at nominal cost to the Government:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year there shall be no limitation on the value of surplus strategic and critical materials which, in accordance with section 6 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e), may be transferred without reimbursement to the national stockpile:</proviso> <proviso><i>Provided further</i>, That during the current fiscal year materials in the inventory maintained under the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061–2166), and excess materials in the national stockpile and supplemental stockpile, the disposition of which is authorized by law, shall be available, without reimbursement, for transfer at fair market value to contractors as payment for expenses (including transportation and other accessorial expenses) of acquisition of materials, or of refining, processing, or otherwise beneficiating materials, or of rotating materials, pursuant to section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), and of processing and refining materials pursuant to section 303(d) of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2093(d)).</proviso></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">national archives and records service</inline></heading> <heading><inline class="smallCaps">operating expenses</inline></heading> <content>For necessary expenses in connection with Federal records managements and related activities, as provided by law, including reimbursement for security guard services, contractual services incident to movement or disposal of records, and acceptance and utilization of voluntary and uncompensated services, $50,500,000, of which $2,000,000 for allocations and grants for historical publications as authorized by 44 U.S.C. 2504, as amended, shall remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/627">88 <inline class="smallCaps">Stat.</inline> 627</page> <appropriations level="small"><heading><inline class="smallCaps">records declassification</inline></heading> <content>For expenses necessary for the review and declassification of documents, and related records management activities, pursuant to Executive Order 11652, directives issued pursuant thereto, and other <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s401">50 USC 401</ref> note.</p></sidenote> applicable authorities, including expenses not otherwise provided for, and acceptance and utilization of voluntary and uncompensated services, $1,305,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">automated data and telecommunications service</inline></heading> <heading><inline class="smallCaps">operating expenses</inline></heading> <content>For expenses, not otherwise provided, necessary for carrying out Government-wide responsibilities relating to automated data management, telecommunications and related activities, as authorized by law, including services as authorized by 5 U.S.C. 3109, $7,000,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Preparedness Activities</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">office of preparedness</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses necessary for emergency preparedness functions and the disposal of excess materials in the national stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98–98h), the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and Assistance Act of 1954 (68 Stat. 456, as amended by 73 Stat. 607), and the inventory maintained <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t7/s1704">7 USC 1704.</ref></p></sidenote> under the Defense Production Act of 1950, as amended (50 U.S.C. 2061–2166), including services as authorized by 5 U.S.C. 3109 and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2061–2166">50 USC app. 2061–2166.</ref></p></sidenote> expenses of attendance of cooperating officials and individuals at meetings concerned with the work of emergency planning, $7,650,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">defense mobilization functions of federal agencies</inline></heading> <content>For expenses necessary to assist other Federal agencies to perform civil defense mobilization functions, including payments by the Department of Labor to State employment security agencies for the full cost of administration of defense manpower mobilization activities, $1,500,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">general management and agency operations</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses of general management and agency operations of activities under the control of the General Services Administration, $10,650,000: <proviso><i>Provided</i>, That not to exceed $2,500 shall be available for reception and representation expenses.</proviso></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">federal management policy</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For expenses, not otherwise provided, necessary for Government-wide policy functions in the areas of financial management, procurement management, property management, automatic data processing management, and management systems development, pursuant to Executive Order 11717, dated May 9, 1973, $1,730,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s16">31 USC 16</ref> note.</p></sidenote></content> </appropriations> <page identifier="/us/stat/88/628">88 <inline class="smallCaps">Stat.</inline> 628</page> <appropriations level="small"><heading><inline class="smallCaps">indian tribal claims</inline></heading> <content>For expenses necessary to provide accounting records management, and other support incident to adjudication of Indian Tribal claims by the Indian Claims Commission, $2,523,000.</content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">allowances and office staff for former presidents</inline></heading> <content>For carrying out the provisions of the Act of August 25, 1958, as amended (3 U.S.C. 102 note), $60,000: <proviso><i>Provided</i>, That the Administrator of General Services shall transfer to the Secretary of the Treasury such sums as may be necessary to carry out the provision of sections (a) and (e) of such Act.</proviso></content> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">administrative and staff support services</inline></heading> <heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For administrative expenses necessary in providing general administrative and staff support services within the General Services Administration, not otherwise provided for, $47,978,000: <proviso><i>Provided</i>, That this appropriation shall be available, subject to reimbursement by the applicable agency, for services performed for other agencies pursuant to section 601 of the Economy Act of 1932, as amended (31 U.S.C. 686).</proviso></content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions—General Services Administration</inline></heading> <num value="1"><inline class="smallCaps">Sec.</inline> 1.</num> <content>The appropriate appropriation or fund available to the General Services Administration shall be credited with (1) cost of operation, protection, maintenance, upkeep, repair, and improvement, included as part of rentals received from Government corporations pursuant to law (40 U.S.C. 129); and (2) appropriations or funds available to other agencies, and transferred to the General Services Administration, in connection with property transferred to the General Services Administration pursuant to the Act of July 2, 1948 (50 U.S.C. 451ff), and such appropriations or funds may be so transferred, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s451">50 USC 451</ref> and note.</p></sidenote> with the approval of the Office of Management and Budget.</content> </section> <section class="firstIndent1 fontsize10"><num value="2"><inline class="smallCaps">Sec.</inline> 2.</num> <content>Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.</content> </section> <section class="firstIndent1 fontsize10"><num value="3"><inline class="smallCaps">Sec.</inline> 3.</num> <content>None of the funds available under this Act or under section 111 of the Federal Property and Administrative Services Act of 1949 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s759">40 USC 759.</ref></p></sidenote> shall be obligated or expended for the procurement by purchase, lease or any other arrangement, in whole or in part, of any or all the automatic data processing system, data communications network, or related software and services for the joint General Services Administration-Department of Agriculture MCS project 97–72 contained in the Request for Proposal CDPA 74–14, any successor to such project, or any other common user shared facilities authorized under section 111 of the Federal Property and Administrative Services Act of 1949.</content> </section> <section class="firstIndent1 fontsize10"><num value="4"><inline class="smallCaps">Sec.</inline> 4.</num> <content>Not to exceed 2 per centum of any appropriations made available to the General Services Administration, excluding the Federal Buildings Fund, for the current fiscal year by this Act may be transferred to any other such appropriation, but no such appropriation shall be increased thereby more than 2 per centum: <proviso><i>Provided</i>, That such transfers shall apply only to operating expenses, and shall not exceed in the aggregate the amount of $2,000,000.</proviso></content> </section> <page identifier="/us/stat/88/629">88 <inline class="smallCaps">Stat.</inline> 629</page> <appropriations level="intermediate"><heading><inline class="smallCaps">United States Tax Court</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">salaries and expenses</inline></heading> <content>For necessary expenses, including contract stenographic reporting, and other services as authorized by 5 U.S.C. 3109, $6,285,000: <proviso><i>Provided</i>, That travel expenses of the judges shall be paid upon the written <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s7443">26 USC 7443</ref> note.</p></sidenote> certificate of the judge.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading><inline class="smallCaps">Department of Defense</inline></heading> <heading><inline class="smallCaps">Defense Civil Preparedness Agency</inline></heading> <appropriations level="small"><heading><inline class="smallCaps">operation and maintenance</inline></heading> <content>For expenses, not otherwise provided for, necessary for carrying out civil defense activities, including the hire of motor vehicles; and financial contributions to the States for civil defense purposes, as authorized by law; $63,400,000: <proviso><i>Provided</i>, That not to exceed $28,600,000 shall be available for allocation under section 205 of the Federal Civil Defense Act of 1950, as amended.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2286">50 USC app. 2286.</ref></p></sidenote></proviso></content> </appropriations> <appropriations level="small"><heading><inline class="smallCaps">research, shelter survey, and marking</inline></heading> <content>For expenses, not otherwise provided for, necessary for studies and research to develop measures and plans for civil defense; continuing shelter surveys, marking, and equipping surveyed spaces; and financial contributions to the States under section 201(i) of the Federal Civil Defense Act, which shall be equally matched, for emergency operating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2281">50 USC app. 2281.</ref></p></sidenote> centers and civil defense equipment; $18,600,000.</content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">general provisions—civil defense</inline></heading> <num value="1"><inline class="smallCaps">Sec.</inline> 1.</num> <content>Appropriations contained in this Act for carrying out civil defense activities shall not be available in excess of the limitations on appropriations contained in section 408 of the Federal Civil Defense Act, as amended (50 U.S.C. App. 2260).</content> </section> <section class="firstIndent1 fontsize10"><num value="2"><inline class="smallCaps">Sec.</inline> 2.</num> <content><p>No part of any appropriation in this Act shall be available for the construction of warehouses or for the lease of warehouse space in any building which is to be constructed specifically for civil defense activities.</p> <p class="firstIndent1 fontsize10">This title may be cited as the “<shortTitle role="title">Independent Agencies Appropriations <sidenote><p class="indent0 firstIndent1 fontsize8">Citation of title.</p></sidenote> Act, 1975</shortTitle>”.</p></content> </section> <num value="V">TITLE V—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">This Act</inline></heading> <num value="501"><inline class="smallCaps">Sec.</inline> 501.</num> <content>Where appropriations in this Act are expendable for travel expenses of employees and no specific limitation has been placed thereon, the expenditures for such travel expenses may not exceed the amounts set forth therefor in the budget estimates submitted for the appropriations: <proviso><i>Provided</i>, That this section shall not apply to travel performed by uncompensated officials of local boards and appeal boards of the Selective Service System; to travel performed directly in connection with care and treatment of medical beneficiaries of the Veterans Administration; or to payments to interagency motor pools where separately set forth in the budget schedules.</proviso></content> </section> <page identifier="/us/stat/88/630">88 <inline class="smallCaps">Stat.</inline> 630</page> <section class="firstIndent1 fontsize10"><num value="502"><inline class="smallCaps">Sec.</inline> 502.</num> <content>No part of any appropriation contained in this or any other Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Employees, military leave, position restoration.</p></sidenote> be available to pay the salary of any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service and has within ninety days after his release from such service or from hospitalization continuing after discharge for a period of not more than one year made application for restoration to his former position and has been certified by the Civil Service Commission as still qualified to perform the duties of his former position and has not been restored thereto.</content> </section> <section class="firstIndent1 fontsize10"> <num value="503"><inline class="smallCaps">Sec.</inline> 503.</num> <content>No part of any appropriation made available in this Act <sidenote><p class="indent0 firstIndent1 fontsize8">Offices outside D.C., limitation.</p></sidenote> shall be used for the purchase or sale of real estate or for the purpose of establishing new offices outside the District of Columbia: <proviso><i>Provided</i>, That this limitation shall not apply to programs which have been approved by the Congress and appropriations made therefor.</proviso></content> </section> <section class="firstIndent1 fontsize10"> <num value="504"><inline class="smallCaps">Sec.</inline> 504.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"><num value="505"><inline class="smallCaps">Sec.</inline> 505.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Foreign-made tools, procurement restriction.</p></sidenote> be available for the procurement of or for the payment of the salary of any person engaged in the procurement of any hand or measuring tool(s) not produced in the United States or its possessions except to the extent that the Administrator of General Services or his designee shall determine that a satisfactory quality and sufficient quantity of hand or measuring tools produced in the United States or its possessions cannot be procured as and when needed from sources in the United States and its possessions or except in accordance with procedures prescribed by section 6–104.4 (b) of Armed Services Procurement Regulation dated January 1, 1969, as such regulation existed on June 15, 1970. This section shall be applicable to all solicitations for bids opened after its enactment.</content> </section> <section class="firstIndent1 fontsize10"><num value="506"><inline class="smallCaps">Sec.</inline> 506.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Space and service charges.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210j of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="507"><inline class="smallCaps">Sec.</inline> 507.</num> <content>None of the funds available under this Act shall be available <sidenote><p class="indent0 firstIndent1 fontsize8">Administrative expenses for purchase contracts.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s602a">40 USC 602a.</ref></p></sidenote> for administrative expenses in connection with the execution of purchase contracts pursuant to section 5 of the Public Buildings Amendments of 1972 (Public Law 92–313) in excess of the aggregate amount of $300,000,000 (based on approved prospectuses) during the fiscal year ending June 30, 1975.</content> </section> <num value="VI">TITLE VI—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">Departments, Agencies, and Corporations</inline></heading> <num value="601"><inline class="smallCaps">Sec.</inline> 601.</num> <content>Unless otherwise specifically provided the maximum <sidenote><p class="indent0 firstIndent1 fontsize8">Motor vehicle purchase.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s638c">31 USC 638c</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s638a">31 USC 638a.</ref></p></sidenote> amount allowable during the current fiscal year in accordance with section 16 of the Act of August 2, 1946 (60 Stat. 810), for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is hereby fixed at $2,100 except station wagons for which the maximum shall be $2,400: <proviso><i>Provided</i>, That these limits may be exceeded by not <sidenote><p class="indent0 firstIndent1 fontsize8">Police-type vehicles.</p></sidenote> to exceed $900 for police-type vehicles.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="602"><inline class="smallCaps">Sec.</inline> 602.</num> <content>Unless otherwise specified and during the current fiscal <sidenote><p class="indent0 firstIndent1 fontsize8">Citizenship requirement for employees.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s699b">31 USC 699b.</ref></p></sidenote> year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the <page identifier="/us/stat/88/631">88 <inline class="smallCaps">Stat.</inline> 631</page> Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in continental United States unless such person (1) is a citizen of the United States, (2) is a person in the service of the United States on the date of enactment of this Act, who, being eligible for citizenship, has filed a declaration of intention to become a citizen of the United States prior to such date and is actually residing in the United States, (3) is a person who owes allegiance to the United States, or (4) is an alien from Cuba, Poland, or the Baltic countries lawfully admitted to the United States for permanent residence: <proviso><i>Provided</i>, That, for the purpose of this section, an affidavit signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his status have been complied with:</proviso> <proviso><i>Provided further</i>, That any person making a <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p></sidenote> false affidavit shall be guilty of a felony, and, upon conviction, shall be fined not more than $4,000 or imprisoned for not more than one year, or both:</proviso> <proviso><i>Provided further</i>, That the above penal-clause shall be in addition to, and not in substitution for, any other provisions of existing law:</proviso> <proviso><i>Provided further</i>, That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government.</proviso> This section shall not apply <sidenote><p class="indent0 firstIndent1 fontsize8">Exceptions.</p></sidenote> to citizens of the Republic of the Philippines or to nationals of those countries allied with the United States in the current defense effort, or to temporary employment of translators, or to temporary employment in the field service (not to exceed sixty days) as a result of emergencies.</content> </section> <section class="firstIndent1 fontsize10"><num value="603"><inline class="smallCaps">Sec.</inline> 603.</num> <content>Appropriations of the executive departments and independent <sidenote><p class="indent0 firstIndent1 fontsize8">Quarters allowances.</p></sidenote> establishments for the current fiscal year, available for expenses of travel or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924.</content> </section> <section class="firstIndent1 fontsize10"><num value="604"><inline class="smallCaps">Sec.</inline> 604.</num> <content>No part of any appropriation for the current fiscal year <sidenote><p class="indent0 firstIndent1 fontsize8">Nominees not approved.</p></sidenote> contained in this or any other Act shall be paid to any person for the filling of any position for which he or she has been nominated after the Senate has voted not to approve the nomination of said person.</content> </section> <section class="firstIndent1 fontsize10"><num value="605"><inline class="smallCaps">Sec.</inline> 605.</num> <content>Funds made available by this or any other Act for administrative <sidenote><p class="indent0 firstIndent1 fontsize8">Administrative expense funds.</p></sidenote> expenses in the current fiscal year of the corporations and agencies subject to the Government Corporation Control Act, as amended (31 U.S.C. 841), shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: <proviso><i>Provided</i>, That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="606"><inline class="smallCaps">Sec.</inline> 606.</num> <content>Pursuant to section 1415 of the Act of July 15, 1952 (66 <sidenote><p class="indent0 firstIndent1 fontsize8">Foreign credits.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s724">31 USC 724.</ref></p></sidenote> Stat. 662), foreign credits (including currencies) owed to or owned by the United States may be used by Federal agencies for any purpose for which appropriations are made for the current fiscal year (including the carrying out of Acts requiring or authorizing the use of such credits), only when reimbursement therefor is made to the Treasury from applicable appropriations of the agency concerned: <proviso><i>Provided</i>, That such credits received as exchange allowances or proceeds of sales of personal property may be used in whole or part payment for acquisition of similar items, to the extent and in the manner authorized by law, without reimbursement to the Treasury.</proviso></content> </section> <page identifier="/us/stat/88/632">88 <inline class="smallCaps">Stat.</inline> 632</page> <section class="firstIndent1 fontsize10"><num value="607"><inline class="smallCaps">Sec.</inline> 607.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">No part of any appropriation contained in this or any <sidenote><p class="indent0 firstIndent1 fontsize8">Publicity or propaganda.</p></sidenote> other Act, or of the funds available for expenditure by any corporation or agency, shall be used for publicity or propaganda purposes designed to support or defeat legislation pending before Congress.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>No part of any appropriation contained in this Act shall be <sidenote><p class="indent0 firstIndent1 fontsize8">U.S. Postal Service employees, communication with Congress.</p></sidenote> available for the payment of the salary of any officer or employee of the United States Postal Service, who—</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>prohibits or prevents, or attempts or threatens to prohibit or prevent, any officer or employee of the United States Postal Service from having any direct oral or written communication or contact with any Member or committee of Congress in connection with any matter pertaining to the employment of such officer or employee or pertaining to the United States Postal Service in any way, irrespective of whether such communication or contact is at the initiative of such officer or employee or in response to the request or inquiry of such Member or committee; or</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any officer or employee of the United States Postal Service, or attempts or threatens to commit any of the foregoing actions with respect to such officer or employee, by reason of any communication or contact of such officer or employee with any Member or committee of Congress as described in paragraph (1) of this subsection.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"><num value="608"><inline class="smallCaps">Sec.</inline> 608.</num> <content>No part of any appropriation contained in this or any <sidenote><p class="indent0 firstIndent1 fontsize8">Interdepartmental groups, expenses.</p></sidenote> other Act, shall be available to finance interdepartmental boards, commissions, councils, committees, or similar groups under section 214 of the Independent Offices Appropriations Act, 1946 (31 U.S.C. 691) which do not have prior and specific congressional approval of such method of financial support.</content> </section> <section class="firstIndent1 fontsize10"><num value="609"><inline class="smallCaps">Sec.</inline> 609.</num> <content>Appropriations available to any department or agency <sidenote><p class="indent0 firstIndent1 fontsize8">Space and service charges and building improvements.</p></sidenote> during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements, performed in accordance with the Public Buildings Act of 1959 (73 Stat. 749), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s601">40 USC 601</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603</ref> note.</p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="610"><inline class="smallCaps">Sec.</inline> 610.</num> <content>Funds made available by this or any other Act to the fund <sidenote><p class="indent0 firstIndent1 fontsize8">U.S. or Postal Service guards, funds.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s603">40 USC 603</ref> note.</p></sidenote> created by the Public Buildings Amendments of 1972 (86 Stat. 216), and the “Postal Service fund” (39 U.S.C. 2003), shall be available for employment of guards for all buildings and areas owned or occupied by the United States or the Postal Service and under the charge and control of the General Services Administration or the Postal Service, and such guards shall have, with respect to such property, the powers of special policemen provided by the first section of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318), but shall not be restricted to certain Federal property as otherwise required by the proviso contained in said section, and, as to property owned or occupied by the Postal Service, the Postmaster General may take the same actions as the Administrator of General Services may take under the provisions of sections 2 and 3 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318a, 318b) attaching thereto penal consequences under the authority and within the limits provided in section 4 of the Act of June 1, 1948 (62 Stat. 281; 40 U.S.C. 318c).</content> </section> <page identifier="/us/stat/88/633">88 <inline class="smallCaps">Stat.</inline> 633</page> <section class="firstIndent1 fontsize10"><num value="611"><inline class="smallCaps">Sec.</inline> 611.</num> <content>None of the funds available <sidenote><p class="indent0 firstIndent1 fontsize8">U.S. Customs Service, transfers.</p></sidenote> under this Act shall be available for administrative expenses in connection with the transfer of any functions, personnel, facilities, equipment, or funds out of the United States Customs Service unless such transfers have been specifically authorized by the Congress.</content> </section> <section class="firstIndent1 fontsize10"><num value="612"><inline class="smallCaps">Sec.</inline> 612.</num> <content><p>None of the funds available under this Act shall be available <sidenote><p class="indent0 firstIndent1 fontsize8">Bureau of Customs activities.</p></sidenote> for administrative expenses for the purpose of transferring the border control activities of the Bureau of Customs to any other agency of the Federal Government.</p> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Treasury, Postal Service, and General <sidenote><p class="indent0 firstIndent1 fontsize8">Short title.</p></sidenote> Government Appropriation Act, 1975</shortTitle>”.</p></content></section>
Approved August 21, 1974.
Public Law 93–382: Designating August 26, 1974, as “Women’s Equality Day” Public Law 382 Public Law 93–382 1974-08-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–382
JOINT RESOLUTION Designating August 26, 1974, as “Women’s Equality Day”

August 22, 1974

[H. J. Res. 1105]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That August 26, 1974, is

Women’s Equality Day.

Designation authorization.

 designated as “Women’s Equality Day”, and the President is authorized and requested to issue a proclamation in commemoration of that day in 1920 on which the women of America were first guaranteed the right to vote.
Approved August 22, 1974.
Public Law 93–383: To establish a program of community development block grants, to amend and extend laws relating to housing and urban development, and for other purposes. Public Law 383 Public Law 93–383 1974-08-22 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–383
AN ACT To establish a program of community development block grants, to amend and extend laws relating to housing and urban development, and for other purposes.

August 22, 1974

[S. 3066]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Housing and Community Development Act of 1974.

42 USC 5301 note.

 be cited as the “Housing and Community Development Act of 1974”.
<num value="I">TITLE I—</num><heading class="inline">COMMUNITY DEVELOPMENT</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">findings and purpose</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Congress finds and declares that the Nation’s <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5301">42 USC 5301.</ref></p></sidenote> cities, towns, and smaller urban communities face critical social, economic, and environmental problems arising in significant measure from—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the growth of population in metropolitan and other urban areas, and the concentration of persons of lower income in central cities; and</content></paragraph> <page identifier="/us/stat/88/634">88 <inline class="smallCaps">Stat.</inline> 634</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>inadequate public and private investment and reinvestment in housing and other physical facilities, and related public and social services, resulting in the growth and persistence of urban slums and blight and the marked deterioration of the quality of the urban environment.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The Congress further finds and declares that the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic, and political entities, and require—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>systematic and sustained action by Federal, State, and local governments to eliminate blight, to conserve and renew older urban areas, to improve the living environment of low- and moderate-income families, and to develop new centers of population growth and economic activity;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>substantial expansion of and greater continuity in the scope and level of Federal assistance, together with increased private investment in support of community development activities; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>continuing effort at all levels of government to streamline programs and improve the functioning of agencies responsible for planning, implementing, and evaluating community development efforts.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The primary objective of this title is the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. Consistent with this primary objective, the Federal assistance provided in this title is for the support of community development activities which are directed toward the following specific objectives—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the elimination of slums and blight and the prevention of blighting influences and the deterioration of property and neighborhood and community facilities of importance to the welfare of the community, principally persons of low and moderate income;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the elimination of conditions which are detrimental to health, safety, and public welfare, through code enforcement, demolition, interim rehabilitation assistance, and related activities;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the conservation and expansion of the Nation’s housing stock in order to provide a decent home and a suitable living environment for all persons, but principally those of low and moderate income;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the expansion and improvement of the quantity and quality of community services, principally for persons of low and moderate income, which are essential for sound community development and for the development of viable urban communities;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>a more rational utilization of land and other natural resources and the better arrangement of residential, commercial, industrial, recreational, and other needed activity centers;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>the reduction of the isolation of income groups within communities and geographical areas and the promotion of an <page identifier="/us/stat/88/635">88 <inline class="smallCaps">Stat.</inline> 635</page> increase in the diversity and vitality of neighborhoods through the spatial deconcentration of housing opportunities for persons of lower income and the revitalization of deteriorating or deteriorated neighborhoods to attract persons of higher income; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>the restoration and preservation of properties of special value for historic, architectural, or esthetic reasons.</content></paragraph> <continuation class="indent0 fontsize10">It is the intent of Congress that the Federal assistance made available under this title not be utilized to reduce substantially the amount of local financial support for community development activities below the level of such support prior to the availability of such assistance.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>It is also the purpose of this title to further the development of a national urban growth policy by consolidating a number of complex and overlapping programs of financial assistance to communities of varying sizes and needs into a consistent system of Federal aid which—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>provides assistance on an annual basis, with maximum certainty and minimum delay, upon which communities can rely in their planning;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>encourages community development activities which are consistent with comprehensive local and areawide development planning;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>furthers achievement of the national housing goal of a decent home and a suitable living environment for every American family; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>fosters the undertaking of housing and community development activities in a coordinated and mutually supportive manner.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">As used in this title—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5302">42 USC 5302.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The term “unit of general local government” means any city, county, town, township, parish, village, or other general purpose political subdivision of a State; Guam, the Virgin Islands, and American Samoa, or a general purpose political subdivision thereof; a combination of such political subdivisions recognized by the Secretary; the District of Columbia; the Trust Territory of the Pacific Islands; and Indian tribes, bands, groups, and nations, including Alaska Indians, Aleuts, and Eskimos, of the United States. Such term also includes a State or a local public body or agency (as defined in section 711 of the Housing and Urban Development Act of 1970), community association, or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4512">42 USC 4512.</ref></p></sidenote> other entity, which is approved by the Secretary for the purpose of providing public facilities or services to a new community as part of a program meeting the eligibility standards of section 712 of the Housing and Urban Development Act of 1970 or title IV of the Housing and Urban Development Act of 1968.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4513">42 USC 4513.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3901">42 USC 3901.</ref></p></sidenote></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “State” means any State of the United States, or any instrumentality thereof approved by the Governor; and the Commonwealth of Puerto Rico.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The term “metropolitan area” means a standard metropolitan statistical area as established by the Office of Management and Budget.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>The term “metropolitan city” means (A) a city within a metropolitan area which is the central city of such area, as defined <page identifier="/us/stat/88/636">88 <inline class="smallCaps">Stat.</inline> 636</page> and used by the Office of Management and Budget, or (B) any other city, within a metropolitan area, which has a population of fifty thousand or more.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The term “city” means (A) any unit of general local government which is classified as a municipality by the United States Bureau of the Census or (B) any other unit of general local government which is a town or township and which, in the determination of the Secretary, (i) possesses powers and performs functions comparable to those associated with municipalities, (ii) is closely settled, and (iii) contains within its boundaries no incorporated places as defined by the United States Bureau of the Census.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>The term “urban county” means any county within a metropolitan area which (A) is authorized under State law to undertake essential community development and housing assistance activities in its unincorporated areas, if any, which are not units of general local government, and (B) has a combined population of two hundred thousand or more (excluding the population of metropolitan cities therein) in such unincorporated areas and in its included units of general local government (i) in which it has authority to undertake essential community development and housing assistance activities and which do not elect to have their population excluded or (ii) with which it has entered into cooperation agreements to undertake or to assist in the undertaking of essential community development and housing assistance activities.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>The term “population” means total resident population based on data compiled by the United States Bureau of the Census and referable to the same point or period in time.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>The term “extent of poverty” means the number of persons whose incomes are below the poverty level. Poverty levels shall be determined by the Secretary pursuant to criteria provided by the Office of Management and Budget, taking into account and making adjustments, if feasible and appropriate and in the sole discretion of the Secretary, for regional or area variations in income and cost of living, and shall be based on data referable to the same point or period in time.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>The term “extent of housing overcrowding” means the number of housing units with 1.01 or more persons per room based on data compiled by the United States Bureau of the Census and referable to the same point or period in time.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>The term “Federal grant-in-aid program” means a program of Federal financial assistance other than loans and other than the assistance provided by this title.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>The term “program period” means the period beginning January 1, 1975, and ending June 30, 1975, and the period covering each fiscal year thereafter.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>The term “Community Development Program” means a program described in section 104(a)(2).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>The term “Secretary” means the Secretary of Housing and Urban Development.</content></paragraph></subsection> <page identifier="/us/stat/88/637">88 <inline class="smallCaps">Stat.</inline> 637</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Where appropriate, the definitions in subsection (a) shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available ninety days prior to the beginning of such fiscal year. The Secretary may by regulation change or otherwise modify the meaning of the terms defined in subsection (a) in order to reflect any technical change or modification thereof made subsequent to such date by the United States Bureau of the Census or the Office of Management and Budget.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>One or more public agencies, including existing local public agencies, may be designated by the chief executive officer of a State or a unit of general local government to undertake a Community Development Program in whole or in part.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">authorization to make grants</inline></heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary is authorized to make grants to <sidenote><p class="indent0 firstIndent1 fontsize8">Community Development Programs.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5303">42 USC 5303.</ref></p></sidenote> States and units of general local government to help finance Community Development Programs approved in accordance with the provisions of this title. The Secretary is authorized to incur obligations on behalf of the United States in the form of grant agreements or otherwise in amounts aggregating such sum, not to exceed $8,400,000,000, as may be approved in an appropriation Act. The amount so approved shall become available for obligation on January 1, 1975, and shall remain available until obligated. There are authorized to be appropriated for liquidation of the obligations incurred under this subsection not to exceed $2,500,000,000 prior to the close of the fiscal year 1975, which amount may be increased to not to exceed an aggregate of $5,450,000,000 prior to the close of the fiscal year 1976, and to not to exceed an aggregate of $8,400,000,000 prior to the close of the fiscal year 1977. Subject to the limitations contained in the preceding sentence, appropriations for—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>grants under title VII of the Housing Act of 1961;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1500">42 USC 1500.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>grants under sections 702 and 703 of the Housing and Urban Development Act of 1965; and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3102/s3103">42 USC 3102, 3103.</ref></p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>supplemental grants under title I of the Demonstration Cities and Metropolitan Development Act of 1966,<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3301">42 USC 3301.</ref></p></sidenote></content></subparagraph> <continuation class="indent0 fontsize10">may be used, to the extent not otherwise obligated prior to January 1, 1975, for the liquidation of contracts entered into pursuant to this section.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Of the amounts approved in appropriation Acts pursuant to paragraph (1), $50,000,000 for each of the fiscal years 1975 and 1976 shall be added to the amount available for allocation under section 106(d) and shall not be subject to the provisions of section 107.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>In addition to the amounts made available under subsection (a), and for the purpose of facilitating an orderly transition to the program authorized under this title, there are authorized to be appropriated not to exceed $50,000,000 for each of the fiscal years 1975 and 1976, and not to exceed $100,000,000 for the fiscal year 1977, for grants under this title to units of general local government having urgent community development needs which cannot be met through the operation of the allocation provisions of section 106.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Sums appropriated pursuant to this section shall remain available until expended.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>To assure program continuity and orderly planning, the Secretary shall submit to the Congress timely requests for additional authorizations for the fiscal years 1978 through 1980.</content></subsection> </section> <page identifier="/us/stat/88/638">88 <inline class="smallCaps">Stat.</inline> 638</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">application and review requirements</inline></heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No grant may be made pursuant to section 106 unless <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5304">42 USC 5304.</ref></p></sidenote> an application shall have been submitted to the Secretary in which the applicant—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>sets forth a summary of a three-year community development plan which identifies community development needs, demonstrates a comprehensive strategy for meeting those needs, and specifies both short- and long-term community development objectives which have been developed in accordance with areawide development planning and national urban growth policies;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>formulates a program which (A) includes the activities to be undertaken to meet its community development needs and objectives, together with the estimated costs and general location of such activities, (B) indicates resources other than those provided under this title which are expected to be made available toward meeting its identified needs and objectives, and (C) takes into account appropriate environmental factors;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>describes a program designed to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>eliminate or prevent slums, blight, and deterioration where such conditions or needs exist; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>provide improved community facilities and public improvements, including the provision of supporting health, social, and similar services where necessary and appropriate;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>submits a housing assistance plan which—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>accurately surveys the condition of the housing stock in the community and assesses the housing assistance needs of lower-income persons (including elderly and handicapped persons, large families, and persons displaced or to be displaced) residing in or expected to reside in the community,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>specifies a realistic annual goal for the number of dwelling units or persons to be assisted, including (i) the relative proportion of new, rehabilitated, and existing dwelling units, and (ii) the sizes and types of housing projects and assistance best suited to the needs of lower-income persons in the community, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>indicates the general locations of proposed housing for lower-income persons, with the objective of (i) furthering the revitalization of the community, including the restoration and rehabilitation of stable neighborhoods to the maximum extent possible, (ii) promoting greater choice of housing opportunities and avoiding undue concentrations of assisted persons in areas containing a high proportion of low-income persons, and (iii) assuring the availability of public facilities and services adequate to serve proposed housing projects;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>provides satisfactory assurances that the program will be conducted and administered in conformity with Public Law 88–352 and Public Law 90–284; and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2000a">42 USC 2000a</ref> note.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>provides satisfactory assurances that, prior to submission <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s245">18 USC 245.</ref></p></sidenote> of its application, it has (A) provided citizens with adequate information concerning the amount of funds available for proposed community development and housing activities, the range of activities that may be undertaken, and other important program requirements, (B) held public hearings to obtain the views of citizens on community development and housing needs, and (C) provided citizens an adequate opportunity to participate in the development of the application; but no part of this paragraph shall be construed to restrict the responsibility and author-<page identifier="/us/stat/88/639">88 <inline class="smallCaps">Stat.</inline> 639</page>ity of the applicant for the development of the application and the execution of its Community Development Program.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Not more than 10 per centum of the estimated costs referred to in subsection (a)(2) which are to be incurred during any contract period may be designated for unspecified local option activities which are eligible for assistance under section 105(a) or for a contingency account for activities designated by the applicant pursuant to subsection (a)(2).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Any grant under this title shall be made only on condition that the applicant certify to the satisfaction of the Secretary that its Community Development Program has been developed so as to give maximum feasible priority to activities which will benefit low- or moderate-income families or aid in the prevention or elimination of slums or blight. The Secretary may also approve an application describing activities which the applicant certifies and the Secretary determines are designed to meet other community development needs having a particular urgency as specifically described in the application.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may waive all or part of the requirements contained <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> in paragraphs (1), (2), and (3) of subsection (a) if (A) the application for assistance is in behalf of a locality having a population of less than 25,000 according to the most recent data compiled by the Bureau of the Census which is located either (i) outside a standard metropolitan statistical area, or (ii) inside such an area but outside an “urbanized area” as defined by the Bureau of the Census (or as such <sidenote><p class="indent0 firstIndent1 fontsize8">Urbanized area.</p></sidenote> definition is modified by the Secretary for purposes of this title), (B) the application relates to the first community development activity to be carried out by such locality with assistance under this title, (C) the assistance requested is for a single development activity under this title of a type eligible for assistance under title VII of the Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1500">42 USC 1500.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3101">42 USC 3101.</ref></p></sidenote> Act of 1961 or title VII of the Housing and Urban Development Act of 1965, and (D) the Secretary determines that, having regard to the nature of the activity to be carried out, such waiver is not inconsistent with the purposes of this title.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary may accept a certification from the applicant that it has complied with the requirements of paragraphs (5) and (6) of subsection (a).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The Secretary shall approve an application for an amount which does not exceed the amount determined in accordance with section 106(a) unless—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>on the basis of significant facts and data, generally available and pertaining to community and housing needs and objectives, the Secretary determines that the applicant’s description of such needs and objectives is plainly inconsistent with such facts or data; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>on the basis of the application, the Secretary determines that the activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant pursuant to subsection (a); or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the Secretary determines that the application does not comply with the requirements of this title or other applicable law or proposes activities which are ineligible under this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Prior to the beginning of fiscal year 1977 and each fiscal year <sidenote><p class="indent0 firstIndent1 fontsize8">Performance report, submittal to Secretary.</p></sidenote> thereafter, each grantee shall submit to the Secretary a performance report concerning the activities carried out pursuant to this title, together with an assessment by the grantee of the relationship of those activities to the objectives of this title and the needs and objectives identified in the grantee’s statement submitted pursuant to subsection (a). The Secretary shall, at least on an annual basis, make such <sidenote><p class="indent0 firstIndent1 fontsize8">Audits and reviews.</p></sidenote> reviews and audits as may be necessary or appropriate to determine <page identifier="/us/stat/88/640">88 <inline class="smallCaps">Stat.</inline> 640</page> whether the grantee has carried out a program substantially as described in its application, whether that program conformed to the requirements of this title and other applicable laws, and whether the applicant has a continuing capacity to carry out in a timely manner the approved Community Development Program. The Secretary may make appropriate adjustments in the amount of the annual grants in accordance with his findings pursuant to this subsection.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>No grant may be made under this title unless the application therefor has been submitted for review and comment to an areawide agency under procedures established by the President pursuant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 and title IV of the Intergovernmental Cooperation Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3331">42 USC 3331.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4231">42 USC 4231.</ref></p></sidenote> of 1968.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>An application subject to subsection (c), if submitted after any <sidenote><p class="indent0 firstIndent1 fontsize8">Approval date.</p></sidenote> date established by the Secretary for consideration of applications, shall be deemed approved within 75 days after receipt unless the Secretary informs the applicant of specific reasons for disapproval. Subsequent to approval of the application, the amount of the grant may be adjusted in accordance with the provisions of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>Insofar as they relate to funds provided under this title, the <sidenote><p class="indent0 firstIndent1 fontsize8">GAO audit.</p></sidenote> financial transactions of recipients of such funds may be audited by the General Accounting Office under such rules and regulations as may be prescribed by the Comptroller General of the United States. The representatives of the General Accounting Office shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by such recipients pertaining to such financial transactions and necessary to facilitate the audit.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In order to assure that the policies of the National <sidenote><p class="indent0 firstIndent1 fontsize8">Environmental protection.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321</ref> note.</p></sidenote> Environmental Policy Act of 1969 are most effectively implemented in connection with the expenditure of funds under this title, and to assure to the public undiminished protection of the environment, the Secretary, in lieu of the environmental protection procedures otherwise applicable, may under regulations provide for the release of funds for particular projects to applicants who assume all of the responsibilities for environmental review, decisionmaking, and action pursuant to such Act that would apply to the Secretary were he to undertake such projects as Federal projects. The Secretary shall issue regulations to carry out this subsection only after consultation with the Council on Environmental Quality.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary shall approve the release of funds for projects subject to the procedures authorized by this subsection only if, at least fifteen days prior to such approval and prior to any commitment of funds to such projects other than for purposes authorized by section 105(a)(12) or for environmental studies, the applicant has submitted to the Secretary a request for such release accompanied by a certification which meets the requirements of paragraph (3). The Secretary’s approval of any such certification shall be deemed to satisfy his responsibilities under the National Environmental Policy Act insofar as those responsibilities relate to the applications and releases of funds for projects to be carried out pursuant thereto which are covered by such certification.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>A certification under the procedures authorized by this subsection shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>be in a form acceptable to the Secretary,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>be executed by the chief executive officer or other officer of the applicant qualified under regulations of the Secretary,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>specify that the applicant has fully carried out its responsibilities as described under paragraph (1) of this subsection, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>specify that the certifying officer (i) consents to assume <page identifier="/us/stat/88/641">88 <inline class="smallCaps">Stat.</inline> 641</page> the status of a responsible Federal official under the National Environmental Policy Act of 1969 insofar as the provisions of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4321">42 USC 4321</ref> note.</p></sidenote> such Act apply pursuant to paragraph (1) of this subsection, and (ii) is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official.</content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">community development program activities eligible for assistance</inline></heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">A Community Development Program assisted under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5305">42 USC 5305.</ref></p></sidenote> this title may include only—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the acquisition of real property (including air rights, water rights, and other interests therein) which is (A) blighted, deteriorated, deteriorating; undeveloped, or inappropriately developed from the standpoint of sound community development and growth; (B) appropriate for rehabilitation or conservation activities; (C) appropriate for the preservation or restoration of historic sites, the beautification of urban land, the conservation of open spaces, natural resources, and scenic areas, the provision of recreational opportunities, or the guidance of urban development; (D) to be used for the provision of public works, facilities, and improvements eligible for assistance under this title; or (E) to be used for other public purposes;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the acquisition, construction, reconstruction, or installation of public works, facilities, and site or other improvements—including neighborhood facilities, senior centers, historic properties, utilities, streets, street lights, water and sewer facilities, foundations and platforms for air rights sites, pedestrian malls and walkways, and parks, playgrounds, and recreation facilities, flood and drainage facilities in cases where assistance for such facilities under other Federal laws or programs is determined to be unavailable, and parking facilities, solid waste disposal facilities, and fire protection services and facilities which are located in or which serve designated community development areas;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>code enforcement in deteriorated or deteriorating areas in which such enforcement, together with public improvements and services to be provided, may be expected to arrest the decline of the area;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>clearance, demolition, removal, and rehabilitation of buildings and improvements (including interim assistance and financing rehabilitation of privately owned properties when incidental to other activities);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>special projects directed to the removal of material and architectural barriers which restrict the mobility and accessibility of elderly and handicapped persons;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>payments to housing owners for losses of rental income incurred in holding for temporary periods housing units to be utilized for the relocation of individuals and families displaced by program activities under this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>disposition (through sale, lease, donation, or otherwise) of any real property acquired pursuant to this title or its retention for public purposes;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>provision of public services not otherwise available in areas where other activities assisted under this title are being carried out in a concentrated manner, if such services are determined to be necessary or appropriate to support such other activities and if assistance in providing or securing such services under other applicable Federal laws or programs has been applied for and <page identifier="/us/stat/88/642">88 <inline class="smallCaps">Stat.</inline> 642</page> denied or not made available within a reasonable period of time, and if such services are directed toward (A) improving the community’s public services and facilities, including those concerned with the employment, economic development, crime prevention, child care, health, drug abuse, education, welfare, or recreation needs of persons residing in such areas, and (B) coordinating public and private development programs;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>payment of the non-Federal share required in connection with a Federal grant-in-aid program undertaken as part of the Community Development Program;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>payment of the cost of completing a project funded under title I of the Housing Act of 1949;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441">42 USC 1441</ref> note.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>relocation payments and assistance for individuals, families, businesses, organizations, and farm operations displaced by activities assisted under this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>activities necessary (A) to develop a comprehensive community development plan, and (B) to develop a policy-planning-management capacity so that the recipient of assistance under this title may more rationally and effectively (i) determine its needs, (ii) set long-term goals and short-term objectives, (iii) devise programs and activities to meet these goals and objectives, (iv) evaluate the progress of such programs in accomplishing these goals and objectives, and (v) carry out management, coordination, and monitoring of activities necessary for effective planning implementation; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>payment of reasonable administrative costs and carrying charges related to the planning and execution of community development and housing activities, including the provision of information and resources to residents of areas in which community development and housing activities are to be concentrated with respect to the planning and execution of such activities.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Upon the request of the recipient of a grant under this title, the Secretary may agree to perform administrative services on a reimbursable basis on behalf of such recipient in connection with loans or grants for the rehabilitation of properties as authorized under subsection (a)(4).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">allocation and distribution of funds</inline></heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Of the amount approved in an appropriation Act under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5306">42 USC 5306.</ref></p></sidenote> section 103(a) for grants in any year (excluding the amount provided for use in accordance with sections 103(a)(2) and 107), 80 per centum shall be allocated by the Secretary to metropolitan areas. Except as provided in subsections (c) and (e), each metropolitan city and urban county shall, subject to the provisions of section 104 and except as otherwise specifically authorized, be entitled to annual grants from such allocation in an aggregate amount not exceeding the greater of its basic amount computed pursuant to paragraph (2) or (3) of subsection (b) or its hold-harmless amount computed pursuant to subsection (g).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary shall determine the amount to be allocated to all metropolitan cities which shall be an amount that bears the same ratio to the allocation for all metropolitan areas as the average of the ratios between—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the population of all metropolitan cities and the population of all metropolitan areas;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the extent of poverty in all metropolitan cities and the extent of poverty in all metropolitan areas; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the extent of housing overcrowding in all metropolitan cities and the extent of housing overcrowding in all metropolitan areas.</content></subparagraph></paragraph> <page identifier="/us/stat/88/643">88 <inline class="smallCaps">Stat.</inline> 643</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>From the amount allocated to all metropolitan cities the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Basic grant amount.</p></sidenote> shall determine for each metropolitan city a basic grant amount which shall equal an amount that bears the same ratio to the allocation for all metropolitan cities as the average of the ratios between—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the population of that city and the population of all metropolitan cities;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the extent of poverty in that city and the extent of poverty in all metropolitan cities; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the extent of housing overcrowding in that city and the extent of housing overcrowding in all metropolitan cities.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>The Secretary shall determine the basic grant amount of each urban county by—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>calculating the total amount that would have been allocated to metropolitan cities and urban counties together under paragraph (1) of this subsection if data pertaining to the population, extent of poverty, and extent of housing overcrowding in all urban counties were included in the numerator of each of the fractions described in such paragraph; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>determining for each county the amount which bears the same ratio to the total amount calculated under subparagraph (A) of this paragraph as the average of the ratios between—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the population of that urban county and the population of all metropolitan cities and urban counties;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the extent of poverty in that urban county and the extent of poverty in all metropolitan cities and urban counties; and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the extent of housing overcrowding in that urban county and the extent of housing overcrowding in all metropolitan cities and urban counties.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>In determining the average of ratios under paragraphs (1), (2), and (3), the ratio involving the extent of poverty shall be counted twice.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>In computing amounts or exclusions under this section with respect to any urban county there shall be excluded units of general local government located in the county (A) which receive hold-harmless grants pursuant to subsection (h), or (B) the populations of which are not counted in determining the eligibility of the urban county to receive a grant under this subsection.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>During the first three years for which funds are approved for distribution to a metropolitan city or urban county under this section, the basic grant amount of such city or county as computed under subsection (b) shall be adjusted as provided in this subsection if the amount so computed for the first such year exceeds the city’s or county’s hold-harmless amount as determined under subsection (g). Such adjustment shall be made so that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the amount for the first year does not exceed one-third of the full basic grant amount computed under subsection (b), or the hold-harmless amount, whichever is the greater,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the amount for the second year does not exceed two-thirds of the full basic grant amount computed under subsection (b), or the hold-harmless amount, or the amount allowed under paragraph (1) of this subsection, whichever is the greatest, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the amount for the third year does not exceed the full basic grant amount computed under subsection (b).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Any portion of the amount allocated to metropolitan areas under the first sentence of subsection (a) which remains after the allocation of grants to metropolitan cities and urban counties in accordance with subsections (b) and (c) and any amounts added in <page identifier="/us/stat/88/644">88 <inline class="smallCaps">Stat.</inline> 644</page> accordance with the provisions of section 103(a)(2) shall be allocated by the Secretary—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>first, for grants to metropolitan cities, urban counties, and other units of general local government within metropolitan areas to meet their hold-harmless needs as determined under subsections (g) and (h); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>second, for grants to units of general local government (other than metropolitan cities and urban counties) and States for use in metropolitan areas, allocating for each such metropolitan area an amount which bears the same ratio to the allocation for all metropolitan areas available under this paragraph as the average of the ratios between—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the population of that metropolitan area and the population of all metropolitan areas,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the extent of poverty in that metropolitan area and the extent of poverty in all metropolitan areas, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the extent of housing overcrowding in that metropolitan area and the extent of housing overcrowding in all metropolitan areas.</content></subparagraph></paragraph> <continuation class="indent0 fontsize10">In determining the average of ratios under paragraph (2), the ratio involving the extent of poverty shall be counted twice; and in computing amounts under such paragraph there shall be excluded any metropolitan cities, urban counties, and units of general local government which receive hold-harmless grants pursuant to subsection (h).</continuation> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Any amounts allocated to a metropolitan city or urban county <sidenote><p class="indent0 firstIndent1 fontsize8">Reallocation.</p></sidenote> pursuant to the preceding provisions of this section which are not applied for during a program period or which are not approved by the Secretary, and any other amounts allocated to a metropolitan area which the Secretary determines, on the basis of the applications and other evidence available, are not likely to be fully obligated during such program period, shall be reallocated during the same period for use by States, metropolitan cities, urban counties, or units of general local government, first, in any metropolitan area in the same State, and second, in any other metropolitan area. The Secretary shall review determinations under this subsection from time to time as appropriate with a view of assuring maximum use of all available funds in the period for which such funds were appropriated.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Of the amount approved in an appropriation Act under section 103(a) for grants in any year (excluding the amount provided for use in accordance with sections 103(a)(2) and 107), 20 per centum shall be allocated by the Secretary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>first, for grants to units of general local government outside of metropolitan areas to meet their hold-harmless needs as determined under subsection (h); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>second, for grants to units of general local government outside of metropolitan areas and States for use outside of metropolitan areas, allocating for the nonmetropolitan areas of each State an amount which bears the same ratio to the allocation available under this subparagraph for the nonmetropolitan areas of all States as the average of the ratios between—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the population of the nonmetropolitan areas of that State and the population of the nonmetropolitan areas of all the States,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the extent of poverty in the nonmetropolitan areas of that State and the extent of poverty in the nonmetropolitan areas of all the States, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the extent of housing overcrowding in the nonmetropolitan areas of that State and the extent of housing overcrowding in the nonmetropolitan areas of all the States.</content></clause></subparagraph> <page identifier="/us/stat/88/645">88 <inline class="smallCaps">Stat.</inline> 645</page> <continuation class="indent0 fontsize10">In determining the average of ratios under subparagraph (B), the ratio involving the extent of poverty shall be counted twice; and in computing amounts under such subparagraph there shall be excluded units of general local government which receive hold-harmless grants pursuant to subsection (h).</continuation> </paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Any amounts allocated to a unit of general local government under paragraph (1) which are not applied for during a program period or which are not approved by the Secretary, and any amounts allocated to the nonmetropolitan areas of a State under paragraph (1)(B) which the Secretary determines, on the basis of applications and other evidence available, are not likely to be fully obligated during such period, shall be reallocated as soon as practicable during the same period to the nonmetropolitan areas of other States. The Secretary shall review determinations under this paragraph from time to time with a view to assuring maximum use of all available funds in the program period for which such funds were appropriated.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The full hold-harmless amount of each metropolitan city <sidenote><p class="indent0 firstIndent1 fontsize8">Hold-harmless amount.</p></sidenote> or urban county shall be the sum of (i) the sum of the average during the five fiscal years ending prior to July 1, 1972, of (1) commitments for grants (as determined by the Secretary) pursuant to part A of title I of the Housing Act of 1949; (2) loans pursuant to section 312 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1452b">42 USC 1452b.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3102/s3103">42 USC 3102, 3103.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1491">42 USC 1491.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1500">42 USC 1500.</ref></p></sidenote> of the Housing Act of 1964; (3) grants pursuant to sections 702 and 703 of the Housing and Urban Development Act of 1965; (4) loans pursuant to title II of the Housing Amendments of 1955; and (5) grants pursuant to title VII of the Housing Act of 1961; and (ii) the average annual grant, as determined by the Secretary, made in accordance with part B of title I of the Housing Act of 1949 during <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1469">42 USC 1469.</ref></p></sidenote> the fiscal years ending prior to July 1, 1972, or during the fiscal year 1973 in the case of a metropolitan city or urban county which first received a grant under part B of such title in such fiscal year. In the case of a metropolitan city or urban county which has participated in the program authorized under section 105 of the Demonstration Cities and Metropolitan Development Act of 1966 and which has been <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3305">42 USC 3305.</ref></p></sidenote> funded or extended in the fiscal year 1973 for a period ending after June 30, 1973, determinations of the hold-harmless amount of such metropolitan city or urban county for the following specified years shall be made so as to include, in addition to the amounts specified in clauses (i) and (ii) of the preceding sentence, the following percentages of the average annual grant, as determined by the Secretary made in accordance with such section during fiscal years ending prior to July 1, 1972—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>100 per centum for each of a number of years which, when added to the number of funding years for which the city or county received grants under such section 105, equals five;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>80 per centum for the year immediately following year five as determined pursuant to clause (A);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>60 per centum for the year immediately following the year provided for in clause (B); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>40 per centum for the year immediately following the year provided for in clause (C).</content></subparagraph> <continuation class="indent0 fontsize10">For the purposes of this paragraph the average annual grant under part B of title I of the Housing Act of 1949 or under section 105 of the Demonstration Cities and Metropolitan Development Act of 1966 shall be established by dividing the total amount of grants made to a participant under the program by the number of months of program activity for which funds were authorized and multiplying the result by twelve.</continuation></paragraph> <page identifier="/us/stat/88/646">88 <inline class="smallCaps">Stat.</inline> 646</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>During the fiscal years 1975, 1976, and 1977, the hold-harmless amount of any metropolitan city or urban county shall be the full amount computed for the city or county in accordance with paragraph (1). In the fiscal years 1978, 1979, and 1980, if such amount is greater than the basic grant amount of the metropolitan city or urban county for that year, as computed under subsection (b)(2) or (3), it shall be reduced so that—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>in the fiscal year 1978, the excess of the hold-harmless amount over the basic grant amount shall equal two-thirds of the difference between the amount computed under paragraph (1) and the basic grant amount for such year,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the fiscal year 1979, the excess of the hold-harmless amount over the basic grant amount shall equal one-third of the difference between the amount computed under paragraph (1) and the basic grant amount for such year, and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>in the fiscal year 1980, there shall be no excess of the hold-harmless amount over the basic grant amount.</content></clause></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any unit of general local government which is not a metropolitan city or urban county shall, subject to the provisions of section 104 and except as otherwise specifically authorized, be entitled to grants under this title for any year in an aggregate amount at least equal to a hold-harmless amount as computed under the provisions of subsection (g)(1) if, during the five-fiscal-year period specified in the first sentence of subsection (g)(1) (or during the fiscal year 1973 in the case of a locality which first received a grant for a neighborhood development program in that year), one or more urban renewal projects, code enforcement programs, neighborhood development programs, or model cities programs were being carried out by such unit of general local government pursuant to commitments for assistance entered into during such period under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3301">42 USC 3301.</ref></p></sidenote> Act of 1966.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the fiscal years 1978, 1979, and 1980, in determining the hold-harmless amount of units of general local government qualifying under this subsection, the second sentence of subsection (g)(2) shall be applied as though such units were metropolitan cities or urban counties with basic grant amounts of zero.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>In excluding the population, poverty, and housing overcrowding data of units of general local government which receive a hold-harmless grant pursuant to subsection (h) from the computations described in subsections (b)(5), (d), and (f) of this section, the Secretary shall exclude only two-thirds of such data for the fiscal year 1978 and one-third of such data for the fiscal year 1979.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num> <content>Any unit of general local government eligible for a hold-harmless <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver of eligibilty.</p></sidenote> grant pursuant to subsection (h) may, not later than thirty days prior to the beginning of any program period, irrevocably waive its eligibility under such subsection. In the case of such a waiver the unit of general local government shall not be excluded from the computations described in subsections (b)(5), (d) and (f) of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">(k)</num> <content>The Secretary may fix such qualification or submission dates as he determines are necessary to permit the computations and determinations required by this section to be made in a timely manner, and all such computations and determinations shall be final and conclusive.</content></subsection> <subsection class="indent0 fontsize10"><num value="l">(l)</num> <content>Not later than March 31, 1977, the Secretary shall make a report <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> to the Congress setting forth such recommendations as he deems advisable, in furtherance of the purposes and policy of this title, for modifying or expanding the provisions of this section relating to the method of funding and the allocation of funds and the determination <page identifier="/us/stat/88/647">88 <inline class="smallCaps">Stat.</inline> 647</page> of the basic grant entitlement, and for the application of such provisions in the further distribution of funds under this title. In making <sidenote><p class="indent0 firstIndent1 fontsize8">Study.</p></sidenote> this report, the Secretary shall conduct a study to determine how funds authorized under this title can be distributed in accordance with community development needs, objectives, and capacities, measured to the maximum extent feasible by objective standards.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">discretionary fund</inline></heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Of the total amount of authority to enter into contracts <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5307">42 USC 5307.</ref></p></sidenote> approved in appropriation Acts under section 103(a)(1) for each of the fiscal years 1975, 1976, and 1977, an amount equal to 2 per centum thereof shall be reserved and set aside in a special discretionary fund for use by the Secretary in making grants (in addition to any other grants which may be made under this title to the same entities or for the same purposes)—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>in behalf of new communities assisted under title VII of the Housing and Urban Development Act of 1970 or title IV of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4501">42 USC 4501</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3901">42 USC 3901</ref> note.</p></sidenote> the Housing and Urban Development Act of 1968;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to States and units of general local government which join in carrying out housing and community development programs that are areawide in scope;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>in Guam, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>to States and units of general local government for the purpose of demonstrating innovative community development projects;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>to States and units of general local government for the purpose of meeting emergency community development needs caused by federally recognized disasters; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>to States and units of general local government where the Secretary deems it necessary to correct inequities resulting from the allocation provisions of section 106.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Not more than one-fourth of the total amount reserved and set aside in the special discretionary fund under subsection (a) for each year may be used for grants to meet emergency disaster needs under subsection (a)(5).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Amounts reserved and set aside in the special discretionary fund under subsection (a) in any fiscal year but not used in such year shall remain available for use in accordance with subsections (a) and (b) in subsequent fiscal years.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">guarantee of loans for acquisition of property</inline></heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized, upon such terms and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5308">42 USC 5308.</ref></p></sidenote> conditions as he may prescribe, to guarantee and make commitments to guarantee the notes or other obligations issued by units of general local government, or by public agencies designated by such units of general local government, for the purpose of financing the acquisition or assembly of real property (including such expenses related thereto as the Secretary may permit by regulation) to serve or be used in carrying out activities which are eligible for assistance under section 105 and are identified in the application under section 104, and with respect to which grants have been or are to be made under section 103, but no such guarantee shall be issued in behalf of any agency designed to benefit, in or by the flotation of any issue, a private individual or corporation.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>No guarantee or commitment to guarantee shall be made with <page identifier="/us/stat/88/648">88 <inline class="smallCaps">Stat.</inline> 648</page> respect to any unit of general local government or public agency designated by any such unit of general local government unless—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the Secretary, from sums approved in appropriation Acts and allocated for obligation to the unit of general local government pursuant to sections 106 and 107, shall have reserved and withheld, for the purpose of paying the guaranteed obligations (including interest), an amount which is at least equal to 110 per centum of the difference between the cost of acquiring the land and related expenses and the estimated proceeds to be derived from the sale or other disposition of the land, as determined or approved by the Secretary, which amount may subsequently be increased by the Secretary to the extent he determines such increase is necessary or appropriate because of any unanticipated, major reduction in such estimated disposition proceeds;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the unit of general local government shall have given to the Secretary, in a form acceptable to him, a pledge of its full faith and credit, or a pledge of revenues approved by the Secretary, for the repayment of so much of any amount required to be paid by the United States pursuant to any guarantee under this section as is equal to the difference between the principal amount of the guaranteed obligations and interest thereon and the amount which is to be reserved and withheld under paragraph (1); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the unit of general local government has pledged to the repayment of any amounts which are required to be paid by the United States pursuant to its guarantee under this section, and which are not otherwise fully repaid when due pursuant to paragraph (1) and (2), the proceeds of any grants for which such unit of general local government may become eligible under this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The full faith and credit of the United States is pledged to the payment of all guarantees made under this section. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligations for such guarantee with respect to principal and interest, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligations.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Secretary may issue obligations to the Secretary of the Treasury in an amount outstanding at any one time sufficient to enable the Secretary to carry out his obligations under guarantees authorized by this section. The obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Secretary issued under this section, and for such purposes is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> in force, and the purposes for which such securities may be issued under such Act are extended to include the purchases of the Secretary’s obligations hereunder.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Obligations guaranteed under this section may, at the option of the issuing unit of general local government or designated agency, be subject to Federal taxation as provided in subsection (g). In the event that taxable obligations are issued and guaranteed, the Secretary is authorized to make, and to contract to make, grants to or on behalf of the issuing unit of general local government or public agency to cover not to exceed 30 per centum of the net interest cost (including such servicing, underwriting, or other costs as may be specified in regulations of the Secretary) to the borrowing unit or agency of such obligations.</content></subsection> <page identifier="/us/stat/88/649">88 <inline class="smallCaps">Stat.</inline> 649</page> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is amended by adding at the end thereof a new paragraph as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="22">“(22)</num> <content>For payments required from time to time under contracts entered into pursuant to section 108 of the Housing and Community Development Act of 1974 for payment of interest costs on obligations guaranteed by the Secretary of Housing and Urban Development under that section.”</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>With respect to any obligation issued by a unit of general local <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5308">42 USC 5308.</ref></p></sidenote> government or designated agency which such unit or agency has elected to issue as a taxable obligation pursuant to subsection (e) of this section, the interest paid on such obligation shall be included in gross income for the purpose of chapter 1 of the Internal Revenue Code of 1954.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">nondiscrimination</inline></heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">No person in the United States shall on the ground <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5309">42 USC 5309.</ref></p></sidenote> of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content class="inline">Whenever the Secretary determines that a State or unit of general local government which is a recipient of assistance under this title has failed to comply with subsection (a) or an applicable regulation, he shall notify the Governor of such State or the chief executive officer of such unit of local government of the noncompliance and shall request the Governor or the chief executive officer to secure compliance. If within a reasonable period of time, not to exceed sixty days, the Governor or the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d); (3) exercise the powers and functions provided for in section 111(a) of this Act; or (4) take such other action as may be provided by law.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that a State government or unit of general local government is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">labor standards</inline></heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110.</num> <content>All laborers and mechanics employed by contractors <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5310">42 USC 5310.</ref></p></sidenote> or subcontractors in the performance of construction work financed in whole or in part with grants received under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5): <proviso><i>Provided</i>, That this section shall apply to the rehabilitation of residential property only if such property is designed for residential use for eight or more families.</proviso> The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934, as amended (48 Stat. <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/app">5 USC app.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s276c">40 USC 276c.</ref></p></sidenote> 948; 40 U.S.C. 276 (c)).</content> </section> <page identifier="/us/stat/88/650">88 <inline class="smallCaps">Stat.</inline> 650</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">remedies for noncompliance</inline></heading> <num value="111"><inline class="smallCaps">Sec.</inline> 111.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">If the Secretary finds after reasonable notice <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5311">42 USC 5311.</ref></p> <p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> and opportunity for hearing that a recipient of assistance under this title has failed to comply substantially with any provision of this title, the Secretary, until he is satisfied that there is no longer any such failure to comply, shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>terminate payments to the recipient under this title, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>reduce payments to the recipient under this title by an amount equal to the amount of such payments which were not expended in accordance with this title, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>limit the availability of payments under this title to programs, projects, or activities not affected by such failure to comply.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In lieu of, or in addition to, any action authorized by subsection (a), the Secretary may, if he has reason to believe that a recipient has failed to comply substantially with any provision of this title, refer the matter to the Attorney General of the United States with a recommendation that an appropriate civil action be instituted.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Upon such a referral the Attorney General may bring a civil action in any United States district court having venue thereof for such relief as may be appropriate, including an action to recover the amount of the assistance furnished under this title which was not expended in accordance with it, or for mandatory or injunctive relief.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any recipient which receives notice under subsection (a) <sidenote><p class="indent0 firstIndent1 fontsize8">Judicial review.</p></sidenote> of the termination, reduction, or limitation of payments under this title may, within sixty days after receiving such notice, file with the United States Court of Appeals for the circuit in which such State is located, or in the United States Court of Appeals for the District of Columbia, a petition for review of the Secretary’s action. The petitioner shall forthwith transmit copies of the petition to the Secretary and the Attorney General of the United States, who shall represent the Secretary in the litigation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary shall file in the court record of the proceeding on which he based his action, as provided in section 2112 of title 28, United States Code. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence on the record considered as a whole, shall be conclusive. The court may order additional evidence to be taken by the Secretary, and to be made part of the record. The Secretary may modify his findings of fact, or make new findings, by reason of the new evidence so taken and filed with the court, and he shall also file such modified or new findings, which findings with respect to questions of fact shall be conclusive if supported by substantial evidence on the record considered as a whole, and shall also file his recommendation, if any, for the modification or setting aside of his original action.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Upon the filing of the record with the court, the jurisdiction of the court shall be exclusive and its judgment shall be final, except that such judgment shall be subject to review by the Supreme Court of the United States upon writ of certiorari or certification as provided in section 1254 of title 28, United States Code.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">use of grants to settle outstanding urban renewal loans</inline></heading> <num value="112"><inline class="smallCaps">Sec.</inline> 112.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary is authorized, notwithstanding any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5312">42 USC 5312.</ref></p></sidenote> other provision of this title, to apply a portion of the grants, not to <page identifier="/us/stat/88/651">88 <inline class="smallCaps">Stat.</inline> 651</page> exceed 20 per centum thereof without the request of the recipient, made or to be made under section 103(a) in any fiscal year pursuant to an allocation under section 106 to any unit of general local government toward payment of the principal of, and accrued interest on, any temporary loan made in connection with urban renewal projects under title I of the Housing Act of 1949 being carried out within the jurisdiction of such unit of general local government if—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the Secretary determines, after consultation with the local public agency carrying out the project and the chief executive of such unit of general local government, that the project cannot be completed without additional capital grants, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the local public agency carrying out the project submits to the Secretary an appropriate request which is concurred in by the governing body of such unit of general local government.</content></paragraph> <continuation class="indent0 fontsize10">In determining the amounts to be applied to the payment of temporary loans, the Secretary shall make an accounting for each project taking into consideration the costs incurred or to be incurred, the estimated proceeds upon any sale or disposition of property, and the capital grants approved for the project.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Upon application by any local public agency carrying out an urban renewal project under title I of the Housing Act of 1949, which application is approved by the governing body of the unit of general local government in which the project is located, the Secretary may approve a financial settlement of such project if he finds that a surplus of capital grant funds after full repayment of temporary loan indebtedness will result and may authorize the unit of general local government to use such surplus funds, without deduction or offset, in accordance with the provisions of this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reporting requirements</inline></heading> <num value="113"><inline class="smallCaps">Sec.</inline> 113.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Not later than 180 days after the close of each fiscal <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5313">42 USC 5313.</ref></p></sidenote> year in which assistance under this title is furnished, the Secretary shall submit to the Congress a report which shall contain—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content> a description of the progress made in accomplishing the objectives of this title; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a summary of the use of such funds as approved by the Secretary during the preceding fiscal year.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary is authorized to require recipients of assistance under this title to submit to him such reports and other information as may be necessary in order for the Secretary to make the report required by subsection (a).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">consultation</inline></heading> <num value="114"><inline class="smallCaps">Sec.</inline> 114.</num> <content>In carrying out the provisions of this title including the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5314">42 USC 5314.</ref></p></sidenote> issuance of regulations, the Secretary shall consult with other Federal departments and agencies administering Federal grant-in-aid programs.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">interstate agreements</inline></heading> <num value="115"><inline class="smallCaps">Sec.</inline> 115.</num> <content>The consent of the Congress is hereby given to any two or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5315">42 USC 5315.</ref></p></sidenote> more States to enter into agreements or compacts, not in conflict with any law of the United States, for cooperative effort and mutual assistance in support of community development planning and programs carried out under this title as they pertain to interstate areas and to localities within such States, and to establish such agencies, joint or otherwise, as they may deem desirable for making such agreements and compacts effective.</content> </section> <page identifier="/us/stat/88/652">88 <inline class="smallCaps">Stat.</inline> 652</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">transition provisions</inline></heading> <num value="116"><inline class="smallCaps">Sec.</inline> 116.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except with respect to projects and programs for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5316">42 USC 5316.</ref></p></sidenote> which funds have been previously committed, no new grants or loans <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3301">42 USC 3301.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3102/s3103">42 USC 3102, 3103.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1491/s1500">42 USC 1491, 1500.</ref></p></sidenote> shall be made after January 1, 1975, under (1) title I of the Demonstration Cities and Metropolitan Development Act of 1966, (2) title I of the Housing Act of 1949, (3) section 702 or section 703 of the Housing and Urban Development Act of 1965, (4) title II of the Housing Amendments of 1955, or (5) title VII of the Housing Act of 1961.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content class="inline">To the extent that grants under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development Act of 1966 are payable from appropriations made for the fiscal year 1975, and are made with respect to a project or program being carried on in any unit of general local government which is eligible to receive a grant for such fiscal year under section 106 (a) or (h) of this Act, the amount of such grants made under title I of the Housing Act of 1949 or title I of the Demonstration Cities and Metropolitan Development Act of 1966 shall be deducted from the amount of grants which such unit of general local government is eligible to receive for the fiscal year 1975 under such section 106 (a) or (h). The deduction required by the preceding sentence shall be disregarded in determining the amount of grants made to any unit of general local government that may be applied, pursuant to section 112 of this Act, to payment of temporary loans in connection with urban renewal projects under title I of the Housing Act of 1949. The amount of any appropriations made for the fiscal year 1975 which is used for grants so as to be subject to the provisions of this subsection relating to deductions shall be deemed to have been appropriated for grants pursuant to section 103(a) of this Act for such fiscal year for purposes of calculations under sections 106 and 107 of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The first sentence of section 103(b) of the Housing Act of 1949 is amended by inserting before the period at the end thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1453">42 USC 1453.</ref></p></sidenote> the following: “<quotedText>, and by such sums as may be necessary thereafter</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 111(b) of the Demonstration Cities and Metropolitan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3311">42 USC 3311.</ref></p></sidenote> Development Act of 1966 is amended by inserting immediately after the first sentence the following new sentence: “<quotedText>In addition, there are authorized to be appropriated for such purpose such sums as may be necessary for the fiscal year ending June 30, 1975.</quotedText>”</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 111(c) of such Act is amended by striking out “<quotedText>July 1, 1974</quotedText>” and inserting in lieu thereof “<quotedText>July 1, 1975</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 312(h) of the Housing Act of 1964 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1452b">42 USC 1452b.</ref></p></sidenote> (A) by striking out “<quotedText>after October 1, 1974</quotedText>” and inserting in lieu thereof “<quotedText>after the close of the one-year period beginning on the date of the enactment of the Housing and Community Development Act of 1974</quotedText>”, and (B) by striking out “<quotedText>that date</quotedText>” and inserting in lieu thereof “<quotedText>the close of that period</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 312(a)(1) of such Act is amended by inserting “<quotedText>or</quotedText>” at the end of subparagraph (C), and by adding after subparagraph (C) the following new subparagraph: <quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the rehabilitation is a part of, or is necessary or appropriate to the execution of, an approved community development program under title I of the Housing and Community Development Act of 1974 or an approved urban homestead program under section 809 of such Act;”.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 729.</p></sidenote></content></subparagraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>With respect to the program period beginning January 1, 1975, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5316">42 USC 5316.</ref></p></sidenote> the Secretary may, without regard to the requirements of section 104, advance to any metropolitan city, urban county or other unit of general local government, out of the amount allocated to such entity pursuant to section 106 (a) or (h), an amount not to exceed 10 per centum of the <page identifier="/us/stat/88/653">88 <inline class="smallCaps">Stat.</inline> 653</page> amount so allocated which shall be available only for use (1) to continue projects or programs referred to in clauses (1) and (2) of subsection (a) of this section, or (2) to plan and prepare for the implementation of activities to be assisted under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>In the case of funds available for any fiscal year, the Secretary shall not consider any application from a metropolitan city or urban county for a grant pursuant to section 106(a) or from a unit of general local government for a grant pursuant to section 106(h) unless such application is submitted on or prior to such date (in that fiscal year) as the Secretary shall establish as the final date for submission of applications for such grants in that year.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liquidation of superseded programs</inline></heading> <num value="117"><inline class="smallCaps">Sec.</inline> 117.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is amended by adding after paragraph (22) (as added by section 108(f) of this Act) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="23">“(23)</num> <content>For payments required from time to time under contracts entered into pursuant to section 103(b) of the Housing Act of 1949 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1453">42 USC 1453.</ref></p></sidenote> with respect to projects or programs for which funds have been committed on or before December 31, 1974, and for which funds have not previously been appropriated.”</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary is authorized to transfer the assets and liabilities <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5317">42 USC 5317.</ref></p></sidenote> of any program which is superseded or inactive by reason of this title to the revolving fund for liquidating programs established pursuant to title II of the Independent Offices Appropriation Act of 1965 (Public Law 81–428; 68 Stat. 272, 295).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">employment opportunities for lower income persons</inline></heading> <num value="118"><inline class="smallCaps">Sec.</inline> 118.</num> <content>Section 3 of the Housing and Urban Development Act of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701u">12 USC 1701u.</ref></p></sidenote> 1968 is amended by inserting “<quotedText>, including community development block grants under title I of the Housing and Community Development Act of 1974,</quotedText>” immediately after “<quotedText>direct financial assistance</quotedText>”.</content> </section> <num value="II">TITLE II—</num><heading class="inline">ASSISTED HOUSING</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment to the united states housing act of 1937</inline></heading> <num value="201"><inline class="smallCaps">Sec.</inline> 201.</num> <subsection class="inline"><num value="a">(a)</num> <content>The United States Housing Act of 1937 is amended to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1430">42 USC 1430.</ref></p></sidenote> read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“short title</inline></heading> <num value="1"><inline class="smallCaps">“Section</inline> 1.</num> <content>This Act may be cited as the ‘<shortTitle role="act">United States Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437">42 USC 1437</ref> note.</p></sidenote> Act of 1937</shortTitle>’.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“declaration of policy</inline></heading> <num value="2"><inline class="smallCaps">“Sec.</inline> 2.</num> <content>It is the policy of the United States to promote the general <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437">42 USC 1437.</ref></p></sidenote> welfare of the Nation by employing its funds and credit, as provided in this Act, to assist the several States and their political subdivisions to remedy the unsafe and unsanitary housing conditions and the acute shortage of decent, safe, and sanitary dwellings for families of low income and, consistent with the objectives of this Act, to vest in local public housing agencies the maximum amount of responsibility in the administration of their housing programs. No person should be barred from serving on the board of directors or similar governing body of a local public housing agency because of his tenancy in a low-income housing project.</content> </section> <page identifier="/us/stat/88/654">88 <inline class="smallCaps">Stat.</inline> 654</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“definitions</inline></heading> <num value="3"><inline class="smallCaps">“Sec.</inline> 3.</num> <chapeau>When used in this Act—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437a">42 USC 1437a.</ref></p></sidenote></chapeau> <paragraph class="indent0 fontsize10"><num value="1">“(1)</num> <chapeau>The term ‘low-income housing’ means decent, safe, and sanitary dwellings within the financial reach of families of low income, and embraces all necessary appurtenances thereto. Except as otherwise provided in this section, income limits for occupancy and rents shall be fixed by the public housing agency and approved by the Secretary. The rental for any dwelling unit shall not exceed one-fourth of the family’s income as defined by the Secretary. Notwithstanding the preceding sentence, the rental for any dwelling unit shall not be less than the higher of (A) 5 per centum of the gross income of the family occupying the dwelling unit, and (B) if the family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the family’s actual housing costs, is specifically designated by such agency to meet the family’s housing costs, the portion of such payments which is so designated. At least 20 per centum of the dwelling units in any project placed under annual contributions contracts in any fiscal year beginning after the effective date of this section shall be occupied by very low-income families. In defining the income of any family for the purpose of this Act, the Secretary shall consider income from all sources of each member of the family residing in the household, except that there shall be excluded—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the income of any family member (other than the head of the household or his spouse) who is under eighteen years of age or is a full-time student;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the first $300 of the income of a secondary wage earner who is the spouse of the head of the household;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>an amount equal to $300 for each member of the family residing in the household (other than the head of the household or his spouse) who is under eighteen years of age or who is eighteen years of age or older and is disabled or handicapped or a full-time student;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>nonrecurring income, as determined by the Secretary;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>5 per centum of the family’s gross income (10 per centum in the case of elderly families);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>such extraordinary medical or other expenses as the Secretary approves for exclusion; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <content>an amount equal to the sums received by the head of the household or his spouse from, or under the direction of, any public or private nonprofit child placing agency for the care and maintenance of one or more persons who are under eighteen years of age and were placed in the household by such agency.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The term ‘low-income families’ means families of low income who cannot afford to pay enough to cause private enterprise in their locality or metropolitan area to build an adequate supply of decent, safe, and sanitary dwellings for their use. The term ‘very low-income families’ means families whose incomes do not exceed 50 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families. The term ‘families’ includes families consisting of a single person in the case of (A) a person who is at least sixty-two years of age or is under a <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s423">42 USC 423.</ref></p></sidenote> disability as defined in section 223 of the Social Security Act or in section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1970, or is handicapped, (B) a displaced <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2691">42 USC 2691.</ref></p></sidenote> person, and (C) the remaining member of a tenant family; and the term ‘elderly families’ means families whose heads (or their spouses), or whose sole members, are persons described in clause (A). <page identifier="/us/stat/88/655">88 <inline class="smallCaps">Stat.</inline> 655</page> A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which (i) is expected to be of long-continued and indefinite duration, (ii) substantially impedes his ability to live independently, and (iii) is of such a nature that such ability could be improved by more suitable housing conditions. The term ‘displaced person’ means a person displaced by governmental action, or a person whose dwelling has been extensively damaged or destroyed as a result of a disaster declared or otherwise formally recognized pursuant to Federal disaster relief laws. Notwithstanding the preceding provisions of this paragraph, the term ‘elderly families’ includes two or more elderly, disabled, or handicapped individuals living together, or one or more such individuals living with another person who is determined under regulations of the Secretary to be a person essential to their care or well being.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The term ‘development’ means any or all undertakings necessary for planning, land acquisition, demolition, construction, or equipment, in connection with a low-income housing project. The term ‘development cost’ comprises the cost incurred by a public housing agency in such undertakings and their necessary financing (including the payment of carrying charges), and in otherwise carrying out the development of such project. Construction activity in connection with a low-income housing project may be confined to the reconstruction, remodeling, or repair of existing buildings.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>The term ‘operation’ means any or all undertakings appropriate for management, operation, services, maintenance, security (including the cost of security personnel), or financing in connection with a low-income housing project. The term also means the financing of tenant programs and services for families residing in low-income housing projects, particularly where there is maximum feasible participation of the tenants in the development and operation of such tenant programs and services. As used in this paragraph, the term ‘tenant programs and services’ includes the development and maintenance of tenant organizations which participate in the management of low-income housing projects; the training of tenants to manage and operate such projects and the utilization of their services in project management and operation; counseling on household management, housekeeping, budgeting, money management, child care, and similar matters; advice as to resources for job training and placement, education, welfare, health, and other community services; services which are directly related to meeting tenant needs and providing a wholesome living environment; and referral to appropriate agencies when necessary for the provision of such services. To the maximum extent available and appropriate, existing public and private agencies in the community shall be used for the provision of such services.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>The term ‘acquisition cost’ means the amount prudently required to be expended by a public housing agency in acquiring a low-income housing project.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <content>The term ‘public housing agency’ means any State, county, municipality, or other governmental entity or public body (or agency or instrumentality thereof) which is authorized to engage in or assist in the development or operation of low-income housing.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <content>The term ‘State’ includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, the Trust Territory of the Pacific Islands, and Indian tribes, bands, groups, and Nations, including Alaska Indians, Aleuts, and Eskimos, of the United States.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">“(8)</num> <content>The term ‘Secretary’ means the Secretary of Housing and Urban Development.</content></paragraph> <page identifier="/us/stat/88/656">88 <inline class="smallCaps">Stat.</inline> 656</page> <paragraph class="indent0 fontsize10"><num value="9">“(9)</num> <content>The term ‘low-income housing project’ or ‘project’ means (A) any low-income housing developed, acquired, or assisted by a public housing agency under this Act, and (B) the improvement of any such housing.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“loans for low-income housing projects</inline></heading> <num value="4"><inline class="smallCaps">“Sec.</inline> 4.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may make loans or commitments to make <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437b">42 USC 1437b.</ref></p></sidenote> loans to public housing agencies to help finance or refinance the development, acquisition, or operation of low-income housing projects by such agencies. Any contract for such loans and any amendment to a contract for such loans shall provide that such loans shall bear interest at a rate specified by the Secretary which shall not be less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, plus one-eighth of 1 per centum. Such loans shall be secured in such manner and shall be repaid within such period not exceeding forty years, or not exceeding forty years from the date of the bonds evidencing the loan, as the Secretary may determine. The Secretary may require loans or commitments to make loans under this section to be pledged as security for obligations issued by a public housing agency in connection with a low-income housing project.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary may issue and have outstanding at any one time notes and other obligations for purchase by the Secretary of the Treasury in an amount which will not, unless authorized by the President, exceed $1,500,000,000. For the purpose of determining obligations incurred to make loans pursuant to this Act against any limitation otherwise applicable with respect to such loans, the Secretary shall estimate the maximum amount to be loaned at any one time pursuant to loan agreements then outstanding with public housing agencies. Such notes or other obligations shall be in such forms and denominations and shall be subject to such terms and conditions as may be prescribed by the Secretary with the approval of the Secretary of the Treasury. The notes or other obligations issued under this subsection shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any notes or other obligations of the Secretary issued hereunder and for such purpose is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774</ref></p></sidenote> as amended, and the purposes for which securities may be issued under such Act, as amended, are extended to include any purchases of such obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“annual contributions for low-income housing projects</inline></heading> <num value="5"><inline class="smallCaps">“Sec.</inline> 5.</num><subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may make annual contributions to public <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437c">42 USC 1437c.</ref></p></sidenote> housing agencies to assist in achieving and maintaining the low-income character of their projects. The Secretary shall embody the provisions for such annual contributions in a contract guaranteeing their payment. The contribution payable annually under this section shall in no case exceed a sum equal to the annual amount of principal and interest payable on obligations issued by the public housing agency to finance the development or acquisition cost of the low-income project involved. <page identifier="/us/stat/88/657">88 <inline class="smallCaps">Stat.</inline> 657</page> The amount of annual contributions which would be established for a newly constructed project by a public housing agency designed to accommodate a number of families of a given size and kind may be established under this section for a project by such public housing agency which would provide housing for the comparable number, sizes, and kinds of families through the acquisition and rehabilitation, or use under lease, of structures which are suitable for low-income housing use and obtained in the local market. Annual contributions payable under this section shall be pledged, if the Secretary so requires, as security for obligations issued by a public housing agency to assist the development or acquisition of the project to which annual contributions relate and shall be paid over a period not to exceed forty years.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary may prescribe regulations fixing the maximum <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> contributions available under different circumstances, giving consideration to cost, location, size, rent-paying ability of prospective tenants, or other factors bearing upon the amounts and periods of assistance needed to achieve and maintain low rentals. Such regulations may provide for rates of contribution based upon development, acquisition, or operation costs, number of dwelling units, number of persons housed, interest charges, or other appropriate factors.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary is authorized to enter into contracts for annual <sidenote><p class="indent0 firstIndent1 fontsize8">Contract authority.</p></sidenote> contributions aggregating not more than $1,199,250,000 per annum, which limit shall be increased by $225,000,000 on July 1, 1971, by $150,000,000 on July 1, 1972, by $400,000,000 on July 1, 1973, and by $965,000,000 on July 1, 1974. Of the aggregate amount of contracts for annual contributions authorized to be entered into on or after July 1, 1974, the Secretary shall enter into contracts for annual contributions aggregating at least $150,000,000 per annum to assist in financing the development or acquisition cost of low-income housing projects to be owned by public housing agencies. Not more than 50 per centum of the dwelling units placed under contract pursuant to the preceding sentence may be constructed or substantially rehabilitated for ownership by public housing agencies under section 8 of this Act. In addition to the amount of contracts for annual contributions required to be entered into by the Secretary under the second sentence of this subsection, the Secretary shall enter into contracts for annual contributions, out of the aggregate amount of contracts for annual contributions authorized under this section to be entered into on or after July 1, 1974, aggregating at least $15,000,000 per annum, which amount shall be increased by not less than $15,000,000 per annum, on July 1, 1975, to assist in financing the development or acquisition cost of low-income housing for families who are members of any Indian tribe, band, pueblo, group, or community of Indians or Alaska Natives which is recognized by the Federal Government as eligible for service from the Bureau of Indian Affairs, or who are wards of any State government, except that none of the funds made available under this sentence shall be available for use under section 8. For the purpose of the preceding sentence, the annual contributions for a project shall, notwithstanding any other provision of this Act, be equal to the difference between the sum of the total debt service payment plus approved operating costs, and the rental payments that tenants are required to make under section 3 (1) of this Act. The Secretary <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 654.</p></sidenote> shall enter into only such new contracts for preliminary loans as are consistent with the number of dwelling units for which contracts for annual contributions may be entered into. The faith of the United States is solemnly pledged to the payment of all annual contributions contracted for pursuant to this section, and there are hereby authorized to be appropriated in each fiscal year, out of any money in the Treasury not otherwise appropriated, the amounts necessary to <page identifier="/us/stat/88/658">88 <inline class="smallCaps">Stat.</inline> 658</page> provide for such payments. All payments of annual contributions pursuant to this section shall be made out of any funds available for purposes of this Act when such payments are due, except that funds obtained through the issuance of obligations pursuant to section 4(b) <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 656.</p></sidenote> (including repayments or other realizations of the principal of loans made out of such funds) shall not be available for the payment of such annual contributions.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Any contract for loans or annual contributions, or both, entered into by the Secretary with a public housing agency, may cover one or more than one low-income housing project owned by such public housing agency; in the event the contract covers two or more projects, such projects may, for any of the purposes of this Act and of such contract (including, but not limited to, the determination of the amount of the loan, annual contributions, or payments in lieu of taxes, specified in such contract), be treated collectively as one project.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <chapeau>In recognition that there should be local determination of the need for low-income housing to meet needs not being adequately met by private enterprise—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the Secretary shall not make any contract with a public housing agency for preliminary loans (all of which shall be repaid out of any moneys which become available to such agency for the development of the projects involved) for surveys and planning in respect to any low-income housing projects (i) unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and (ii) unless the public housing agency has demonstrated to the satisfaction of the Secretary that there is need for such low-income housing which is not being met by private enterprise; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the Secretary shall not make any contract for loans (other than preliminary loans) or for annual contributions pursuant to this Act unless the governing body of the locality involved has entered into an agreement with the public housing agency providing for the local cooperation required by the Secretary pursuant to this Act.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>“Subject to the specific limitations or standards in this Act governing the terms of sales, rentals, leases, loans, contracts for annual contributions, or other agreements, the Secretary may, whenever he deems it necessary or desirable in the fulfillment of the purposes of this Act, consent to the modification, with respect to rate of interest, time of payment of any installment of principal or interest, security, amount of annual contribution, or any other term, of any contract or agreement of any kind to which the Secretary is a party. When the Secretary finds that it would promote economy or be in the financial interest of the Federal Government or is necessary to assure or maintain the low-income character of the project or projects involved, any contract heretofore or hereafter made for annual contributions, loans, or both, may be amended or superseded by a contract entered into by mutual agreement between the public housing agency and the Secretary. Contracts may not be amended or superseded in a manner which would impair the rights of the holders of any outstanding obligations of the public housing agency involved for which annual contributions have been pledged. Any rule of law contrary to this provision shall be deemed inapplicable.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>In addition to the authority of the Secretary under subsection (a) to pledge annual contributions as security for obligations issued by a public housing agency, the Secretary is authorized to pledge annual contributions as a guarantee of payment by a public housing agency of all principal and interest on obligations issued by it to assist the <page identifier="/us/stat/88/659">88 <inline class="smallCaps">Stat.</inline> 659</page> development or acquisition of the project to which the annual contributions relate, except that no obligation shall be guaranteed under this subsection if the income thereon is exempt from Federal taxation.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>Notwithstanding any other provision of law, a public housing agency may sell a low-income housing project to its low-income tenants, on such terms and conditions as the agency may determine, without affecting the Secretary’s commitment to pay annual contributions with respect to that project, but such contributions shall not exceed the maximum contributions authorized under subsection (a) of this section.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“contract provisions and requirements</inline></heading> <num value="6"><inline class="smallCaps">“Sec.</inline> 6.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Secretary may include in any contract for loans, annual <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437d">42 USC 1437d.</ref></p></sidenote> contributions, sale, lease, mortgage, or any other agreement or instrument made pursuant to this Act, such convenants, conditions, or provisions as he may deem necessary in order to insure the low-income character of the project involved. Any such contract may contain a condition requiring the maintenance of an open space or playground in connection with the housing project involved if deemed necessary by the Secretary for the safety or health of children. Any such contract shall require that, except in the case of housing predominantly for the elderly, high-rise elevator projects shall not be provided for families with children unless the Secretary makes a determination that there is no practical alternative.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Every contract made pursuant to this Act for loans (other than preliminary loans) or annual contributions shall provide that the cost of construction and equipment of the project (excluding land, demolition, and nondwelling facilities) on which the computation of any annual contributions under this Act may be based shall not exceed by more than 10 per centum the appropriate prototype cost for the area. The prototype costs shall be determined at least annually by the Secretary on the basis of his estimate of the construction costs of new dwelling units of various sizes and types in the area suitable for occupancy by persons assisted under this Act. In making his determination the Secretary shall take into account (1) the extra durability required for safety and security and economical maintenance of such housing, (2) the provision of amenities designed to guarantee a safe and healthy family life and neighborhood environment, (3) the application of good design as an essential component of such housing for safety and security as well as other purposes, (4) the maintenance of quality in architecture to reflect the standards of the neighborhood and community, (5) the need for maximizing the conservation of energy for heating, lighting, and other purposes, (6) the effectiveness of existing cost limits in the area, and (7) the advice and recommendations of local housing producers. The prototype costs for any area <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> shall become effective upon the date of publication in the Federal Register.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>Every contract for annual contributions shall provide that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the Secretary may require the public housing agency to review and revise its maximum income limits if the Secretary determines that changed conditions in the locality make such revision necessary in achieving the purposes of this Act;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the public housing agency shall determine, and so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project at intervals of two years (or at shorter intervals where the Secretary deems it desirable);</content></paragraph> <page identifier="/us/stat/88/660">88 <inline class="smallCaps">Stat.</inline> 660</page> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the public housing agency shall promptly notify (i) any <sidenote><p class="indent0 firstIndent1 fontsize8">Ineligble applicants, notice and informal hearing.</p></sidenote> applicant determined to be ineligible for admission to the project of the basis for such determination and provide the applicant upon request, within a reasonable time after the determination is made, with an opportunity for an informal hearing on such determination, and (ii) any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably determined; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <chapeau>the public housing agency shall comply with such procedures and requirements as the Secretary may prescribe to assure that sound management practices will be followed in the operation of the project, including requirements pertaining to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the establishment of tenant selection criteria designed to assure that, within a reasonable period of time, the project will include families with a broad range of incomes and will avoid concentrations of low-income and deprived families with serious social problems, but this shall not permit maintenance of vacancies to await higher income tenants where lower income tenants are available;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the establishment of satisfactory procedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the establishment of effective tenant-management relationships designed to assure that satisfactory standards of tenant security and project maintenance are formulated and that the public housing agency (together with tenant councils where they exist) enforces those standards fully and effectively; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the development by local housing authority managements of viable homeownership opportunity programs for low-income families capable of assuming the responsibilities of homeownership.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Every contract for annual contributions with respect to a low-income housing project shall provide that no annual contributions by the Secretary shall be made available for such project unless such project (exclusive of any portion thereof which is not assisted by annual contributions under this Act) is exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision; and such contract shall require the public housing agency to make payments in lieu of taxes equal to 10 per centum of the sum of the annual shelter rents charged in such project, or such lesser amount as (i) is prescribed by State law, or (ii) is agreed to by the local governing body in its agreement for local cooperation with the public housing agency required under section 5(e)(2) of this Act, or (iii) is due to failure of a local public body or bodies other than the public housing agency to perform any obligation under such agreement. If any such project is not exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision, such contract shall provide, in lieu of the requirement for tax exemption and payments in lieu of taxes, that no annual contributions by the Secretary shall be made available for such project unless and until the State, city, county, or other political subdivision in which such project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed 10 per centum of the annual shelter rents charged in such project.</content></subsection> <page identifier="/us/stat/88/661">88 <inline class="smallCaps">Stat.</inline> 661</page> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>Every contract for annual contributions shall provide that whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess shall be applied, or set aside for application, to purposes which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>Every contract for annual contributions shall provide that when the public housing agency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, making it unusable for housing purposes, a program of modifications or closeout shall be prepared. If it is mutually determined that such project can be returned to useful life, then the Secretary is authorized to utilize such annual contributions as are necessary to enable the local public housing agency to undertake an agreed-upon program of modifications. If it is mutually determined that no program of modifications is feasible or that such a program would not return the housing to a useful life, then the Secretary is authorized to prepare a closeout program, utilizing such annual contributions as are necessary to accommodate the outstanding indebtedness on the project, the cost of demolition (if the physical improvements are not to be sold), and the cost of relocating displaced families into satisfactory replacement housing. The net closeout cost to the Federal Government shall take into consideration any receipts from the sale of physical improvements, land, or other assets, pursuant to the provisions of the annual contributions contract.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <chapeau>Every contract for annual contributions (including contracts which amend or supersede contracts previously made) may provide that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>upon the occurrence of a substantial default in respect to the covenants or conditions to which the public housing agency is subject (as such substantial default shall be defined in such contract), the public housing agency shall be obligated at the option of the Secretary either to convey title in any case where, in the determination of the Secretary (which determination shall be final and conclusive), such conveyance of title is necessary to achieve the purposes of this Act, or to deliver to the Secretary possession of the project, as then constituted, to which such contract relates; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the Secretary shall be obligated to reconvey or redeliver possession of the project, as constituted at the time of reconveyance or redelivery, to such public housing agency or to its successor (if such public housing agency or a successor exists) upon such terms as shall be prescribed in such contract, and as soon as practicable (i) after the Secretary is satisfied that all defaults with respect to the project have been cured, and that the project will, in order to fulfill the purposes of this Act, thereafter be operated in accordance with the terms of such contract; or (ii) after the termination of the obligation to make annual contributions available unless there are any obligations or covenants of the public housing agency to the Secretary which are then in default. Any prior conveyances and reconveyances or deliveries and redeliveries of possession shall not exhaust the right to require a conveyance or delivery of possession of the project to the Secretary pursuant to subparagraph (1) upon the subsequent occurrence of a substantial default. <page identifier="/us/stat/88/662">88 <inline class="smallCaps">Stat.</inline> 662</page> Whenever such a contract for annual contributions includes provisions which the Secretary in such contract determines are in accordance with this subsection, and the portion of the annual contribution payable for debt service requirements pursuant to such contract has been pledged by the public housing agency as security for the payment of the principal and interest on any of its obligations, the Secretary (notwithstanding any other provisions of this Act) shall continue to make such annual contributions available for the project so long as any of such obligations remain outstanding, and may covenant in such contract that in any event such annual contributions shall in each year be at least equal to an amount which, together with such income or other funds as are actually available from the project for the purpose at the time such annual contribution is made, will suffice for the payment of all installments, falling due within the next succeeding twelve months, of principal and interest on the obligations for which the annual contributions provided for in the contract shall have been pledged as security. In no case shall such annual contributions be in excess of the maximum sum specified in the contract involved, nor for longer than the remainder of the maximum period fixed by the contract.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“congregate housing</inline></heading> <num value="7"><inline class="smallCaps">“Sec.</inline> 7.</num> <content>The Secretary shall encourage public housing agencies, in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437e">42 USC 1437e.</ref></p></sidenote> providing housing predominantly for displaced or elderly families, to design, develop, or otherwise acquire such housing to meet the special needs of the occupants and, wherever practicable, for use in whole or in part as congregate housing: <proviso><i>Provided</i>, That not more than 10 per centum of the total amount of contracts for annual contributions entered into any fiscal year pursuant to the new authority granted under section 202 of the Housing and Urban Development Act of 1970 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1410">42 USC 1410.</ref></p></sidenote> or under any law subsequently enacted shall be entered into with respect to units in congregate housing.</proviso> As used in this section the term ‘congregate housing’ means low-income housing (A) in which some or all of the dwelling units do not have kitchen facilities, and (B) connected with which there is a central dining facility to provide wholesome and economical meals for elderly and displaced families under terms and conditions prescribed by the public housing agency to permit a generally self-supporting operation. Expenditures incurred by a public agency in the operation of a central dining facility in connection with congregate housing (other than the cost of providing food and service) shall be considered one of the costs of operation of the project.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“lower-income housing assistance</inline></heading> <num value="8"><inline class="smallCaps">“Sec.</inline> 8.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">For the purpose of aiding lower-income families in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437f">42 USC 1437f.</ref></p></sidenote> obtaining a decent place to live and of promoting economically mixed housing, assistance payments may be made with respect to existing, newly constructed, and substantially rehabilitated housing in accordance with the provisions of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary is authorized to enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make assistance payments to owners of existing dwelling units in accordance with this section. In areas where no public housing agency has been organized or where the Secretary determines that a public housing agency is unable to implement the provisions of this section, the Secretary is authorized to enter into such contracts and to perform the other functions assigned to a public housing agency by this section.</content></paragraph> <page identifier="/us/stat/88/663">88 <inline class="smallCaps">Stat.</inline> 663</page> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>To the extent of annual contributions authorizations under section 5(c) of this Act, the Secretary is authorized to make assistance <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 656.</p></sidenote> payments pursuant to contracts with owners or prospective owners who agree to construct or substantially rehabilitate housing in which some or all of the units shall be available for occupancy by lower-income families in accordance with the provisions of this section. The Secretary may also enter into annual contributions contracts with public housing agencies pursuant to which such agencies may enter into contracts to make assistance payments to such owners or prospective owners.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">An assistance contract entered into pursuant to this section <sidenote><p class="indent0 firstIndent1 fontsize8">Maximum monthly rent.</p></sidenote> shall establish the maximum monthly rent (including utilities and all maintenance and management charges) which the owner is entitled to receive for each dwelling unit with respect to which such assistance payments are to be made. The maximum monthly rent shall not <sidenote><p class="indent0 firstIndent1 fontsize8">Limitation.</p></sidenote> exceed by more than 10 per centum the fair market rental established by the Secretary periodically but not less than annually for existing or newly constructed rental dwelling units of various sizes and types in the market area suitable for occupancy by persons assisted under this section, except that the maximum monthly rent may exceed the fair market rental by more than 10 but not more than 20 per centum where the Secretary determines that special circumstances warrant such higher maximum rent or that such higher rent is necessary to the implementation of a local housing assistance plan as defined in section <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 674.</p> <p class="indent0 firstIndent1 fontsize8">Proposed fair market rentals, publication in Federal Register.</p></sidenote> 213(a)(5) of the Housing and Community Development Act of 1974. Proposed fair market rentals for an area shall be published in the Federal Register with reasonable time for public comment, and shall become effective upon the date of publication in final form in the Federal Register.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The assistance contract shall provide for adjustment annually <sidenote><p class="indent0 firstIndent1 fontsize8">Adjustments.</p></sidenote> or more frequently in the maximum monthly rents for units covered by the contract to reflect changes in the fair market rentals established in the housing area for similar types and sizes of dwelling units or, if the Secretary determines, on the basis of a reasonable formula.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>The contract shall further provide for the Secretary to make additional adjustments in the maximum monthly rent for units under contract to the extent he determines such adjustments are necessary to reflect increases in the actual and necessary expenses of owning and maintaining the units which have resulted from substantial general increases in real property taxes, utility rates, or similar costs which are not adequately compensated for by the adjustment in the maximum monthly rent authorized by subparagraph (A).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>Adjustments in the maximum rents as hereinbefore provided shall not result in material differences between the rents charged for assisted and comparable unassisted units, as determined by the Secretary.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The amount of the monthly assistance payment with respect to any dwelling unit, in the case of a large very low-income family, a very large lower income family, or a family with exceptional medical or other expenses, as determined by the Secretary, shall be the difference between 15 per centum of one-twelfth of the annual income of the family occupying the dwelling unit and the maximum monthly rent which the contract provides that the owner is to receive for the unit. In the case of other families, the Secretary shall establish the amount of the assistance payment as the difference between not less than 15 per centum nor more than 25 per centum of the family’s income and the maximum rent, taking into consideration the income of the family, the <page identifier="/us/stat/88/664">88 <inline class="smallCaps">Stat.</inline> 664</page> number of minor children in the household, and the extent of medical or other unusual expenses incurred by the family. Reviews of family income shall be made no less frequently than annually (except that such reviews may be made at intervals no longer than two years in the case of families who are elderly families).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>The assistance contract shall provide that assistance payments may be made only with respect to a dwelling unit under lease for occupancy by a family determined to be a lower income family at the time it initially occupied such dwelling unit, except that such payments may be made with respect to unoccupied units for a period not exceeding sixty days (A) in the event that a family vacates a dwelling unit before the expiration date of the lease for occupancy or (B) where a good faith effort is being made to fill an unoccupied unit.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>Assistance payments may be made with respect to up to 100 per centum of the dwelling units in any structure upon the application of the owner or prospective owner. Within the category of projects containing more than fifty units and designed for use primarily by nonelderly and nonhandicapped persons, the Secretary may give preference to applications for assistance involving not more than 20 per centum of the dwelling units in a project. In according any such preference, the Secretary shall compare applications received during distinct time periods not exceeding sixty days in duration.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <content>The Secretary shall take such steps as may be necessary, including the making of contracts for assistance payments in amounts in excess of the amounts required at the time of the initial renting of dwelling units, the reservation of annual contributions authority for the purpose of amending housing assistance contracts, or the allocation of a portion of new authorizations for the purpose of amending housing assistance contracts, to assure that assistance payments are increased on a timely basis to cover increases in maximum monthly rents or decreases in family incomes.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <content>At least 30 per centum of the families assisted under this section with annual allocations of contract authority shall be very low-income families at the time of the initial renting of dwelling units.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">“(8)</num> <content>To the extent authorized in contracts entered into by the Secretary with a public housing agency, such agency may purchase any structure containing one or more dwelling units assisted under this section for the purpose of reselling the structure to the tenant or tenants occupying units aggregating in value at least 80 per centum of the structure’s total value. Any such resale may be made on the terms and conditions prescribed under section 5(h) and subject to the limitation <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 656.</p></sidenote> contained in such section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Contracts to make assistance payments entered into by a public housing agency with an owner of existing housing units shall provide (with respect to any unit) that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the selection of tenants for such unit shall be the function of the owner, subject to the provisions of the annual contributions contract between the Secretary and the agency;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the agency shall have the sole right to give notice to vacate, with the owner having the right to make representation to the agency for termination of tenancy;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>maintenance and replacement (including redecoration) shall be in accordance with the standard practice for the building concerned as established by the owner and agreed to by the agency; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the agency and the owner shall carry out such other appropriate terms and conditions as may be mutually agreed to by them.</content></subparagraph></paragraph> <page identifier="/us/stat/88/665">88 <inline class="smallCaps">Stat.</inline> 665</page> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Each contract for an existing structure entered into under this section shall be for a term of not less than one month nor more than one hundred and eighty months.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary shall not contract to make assistance payments <sidenote><p class="indent0 firstIndent1 fontsize8">Restriction.</p></sidenote> with respect to a newly constructed or substantially rehabilitated dwelling unit for a term of less than one month or more than two hundred and forty months. In the case of a project owned by, or financed by a loan or loan guarantee from, a State or local agency, the term may not exceed four hundred and eighty months.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The contract between the Secretary and the owner with respect to newly constructed or substantially rehabilitated dwelling units shall provide that all ownership, management, and maintenance responsibilities, including the selection of tenants and the termination of tenancy, shall be assumed by the owner (or any entity, including a public housing agency, approved by the Secretary, with which the owner may contract for the performance of such responsibilities).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>The construction or substantial rehabilitation of dwelling units to be assisted under this section shall be eligible for financing with mortgages insured under the National Housing Act. Assistance with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701">12 USC 1701</ref> note.</p></sidenote> respect to such dwelling units shall not be withheld or made subject to preferences by reason of the availability of mortgage insurance pursuant to section 244 of such Act or by reason of the tax-exempt <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 679.</p></sidenote> status of the bonds or other obligations to be used to finance such construction or rehabilitation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>Nothing in this Act shall be deemed to prohibit an owner from pledging, or offering as security for any loan or obligation, a contract for assistance payments entered into pursuant to this section: <proviso><i>Provided</i>, That such security is in connection with a project constructed or rehabilitated pursuant to authority granted in this section, and the terms of the financing or any refinancing have been approved by the Secretary.</proviso></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <chapeau>As used in this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the term ‘lower income families’ means those families whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low family incomes, or other factors;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the term ‘very low-income families’ means those families whose incomes do not exceed 50 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the term ‘income’ means income from all sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the term ‘owner’ means any private person or entity, including a cooperative, or a public housing agency, having the legal right to lease or sublease newly constructed or substantially rehabilitated dwelling units as described in this section; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">“(5)</num> <content>the terms ‘rent’ or ‘rental’ mean, with respect to members of a cooperative, the charges under the occupancy agreements between such members and the cooperative.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>Notwithstanding any other provision of this Act, assistance payments under this section may be provided, in accordance with regulations prescribed by the Secretary, with respect to some or all of the units in any project approved pursuant to section 202 of the Housing Act of 1959.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote></content></subsection> <page identifier="/us/stat/88/666">88 <inline class="smallCaps">Stat.</inline> 666</page> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>The provisions of sections 3(1), 5(e), and 6, and any other <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 654, 656, 659.</p></sidenote> provisions of this Act, which are inconsistent with the provisions of this section shall not apply to contracts for assistance entered into under this section.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“annual contributions for operation of low-income housing projects</inline></heading> <num value="9"><inline class="smallCaps">“Sec.</inline> 9.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">In addition to the contributions authorized to be made <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437g">42 USC 1437g.</ref></p></sidenote> for the purposes specified in section 5 of this Act, the Secretary may make annual contributions to public housing agencies for the operation of low-income housing projects. The contributions payable annually under this section shall not exceed the amounts which the Secretary determines are required (1) to assure the low-income character of the projects involved, and (2) to achieve and maintain adequate operating services and reserve funds. The Secretary shall embody the provisions for such annual contributions in a contract guaranteeing their payment subject to the availability of funds. For purposes of making payments under this section, the Secretary shall establish standards for costs of operation and reasonable projections of income, taking into account the character and location of the project and characteristics of the families served, or the costs of providing comparable services as determined in accordance with criteria or a formula representing the operations of a prototype well-managed project.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The aggregate rentals required to be paid in any year by families residing in the dwelling units administered by a public housing agency receiving annual contributions under this section shall not be less than an amount equal to one-fifth of the sum of the incomes of all such families.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Of the aggregate amount of contracts for annual contributions authorized in section 5(c) of this Act to be entered into on or after July 1, 1974, the Secretary is authorized to enter into contracts for annual contributions under this section aggregating not more than $500,000,000 per annum, which amount shall be increased by $60,000,000 on July 1, 1975.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“general provisions</inline></heading> <num value="10"><inline class="smallCaps">“Sec.</inline> 10.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In the performance of, and with respect to, the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437h">42 USC 1437h.</ref></p></sidenote> functions, powers, and duties vested in him by this Act, the Secretary, notwithstanding the provisions of any other law, shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>prepare annually and submit a budget program as provided for wholly owned Government corporations by the Government Corporation Control Act, as amended; and<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s841">31 USC 841</ref> note.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>maintain an integral set of accounts which shall be audited <sidenote><p class="indent0 firstIndent1 fontsize8">GAO audit.</p></sidenote> annually by the General Accounting Office in accordance with the principles and procedures applicable to commercial transactions as provided by the Government Corporation Control Act, as amended, and no other audit shall be required.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>All receipts and assets of the Secretary under this Act shall be available for the purposes of this Act until expended.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Federal Reserve banks are authorized and directed to act as depositories, custodians, and fiscal agents for the Secretary in the general exercise of his powers under this Act, and the Secretary may reimburse any such bank for its services in such manner as may be agreed upon.</content></subsection> </section> <page identifier="/us/stat/88/667">88 <inline class="smallCaps">Stat.</inline> 667</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“financing low-income housing projects</inline></heading> <num value="11"><inline class="smallCaps">“Sec.</inline> 11.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Obligations issued by a public housing agency in connection <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437i">42 USC 1437i.</ref></p></sidenote> with low-income housing projects which (1) are secured (A) by a pledge of a loan under any agreement between such public housing agency and the Secretary, or (B) by a pledge of annual contributions under an annual contributions contract between such public housing agency and the Secretary, or (C) by a pledge of both annual contributions under an annual contributions contract and a loan under an agreement between such public housing agency and the Secretary, and (2) bear, or are accompanied by, a certificate of the Secretary that such obligations are so secured, shall be incontestable in the hands of a bearer and the full faith and credit of the United States is pledged to the payment of all amounts agreed to be paid by the Secretary as security for such obligations.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Except as provided in section 5(g), obligations, including <sidenote><p class="indent0 firstIndent1 fontsize8">Tax exemption.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 656.</p></sidenote> interest thereon, issued by public housing agencies in connection with low-income housing projects shall be exempt from all taxation now or hereafter imposed by the United States whether paid by such agencies or by the Secretary. The income derived by such agencies from such projects shall be exempt from all taxation now or hereafter imposed by the United States.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“labor standards</inline></heading> <num value="12"><inline class="smallCaps">“Sec.</inline> 12.</num> <content>Any contract for loans, annual contributions, sale, or lease <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437j">42 USC 1437j.</ref></p></sidenote> pursuant to this Act shall contain a provision requiring that not less than the wages prevailing in the locality, as determined or adopted (subsequent to a determination under applicable State or local law) by the Secretary, shall be paid to all architects, technical engineers, draftsmen, and technicians employed in the development, and all maintenance laborers and mechanics employed in the operation, of the low-income housing project involved; and shall also contain a provision that not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (49 Stat. 1011), shall be paid to all laborers and mechanics <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s276a">40 USC 276a</ref> note.</p></sidenote> employed in the development of the project involved (including a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and the builder or sponsor enter into an agreement for such use before construction or rehabilitation is commenced), and the Secretary shall require certification as to compliance with the provisions of this section prior to making any payment under such contract.”</content></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The provisions of subsection (a) of this section shall be effective <sidenote><p class="indent0 firstIndent1 fontsize8">Effective date.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437">42 USC 1437</ref> note.</p></sidenote> on such date or dates as the Secretary of Housing and Urban Development shall prescribe, but not later than eighteen months after the date of the enactment of this Act; except that (1) all of the provisions of section 3(1) of the United States Housing Act of 1937, as amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 654.</p></sidenote> subsection (a) of this section, shall become effective on the same date, (2) all of the provisions of sections 5 and 9(c) of such Act as so <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 666.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 662.</p></sidenote> amended shall become effective on the same date, and (3) section 8 of such Act as so amended shall be effective not later than January 1, 1975.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">applicability of rental requirements</inline></heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202.</num> <content>To the extent that section 3(1) of the United States Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437a">42 USC 1437a</ref> note.</p></sidenote> Act of 1937, as amended by section 201(a) of this Act, would require the establishment of an increased monthly rental charge for any family which occupies a low-income housing unit as of the effec-<page identifier="/us/stat/88/668">88 <inline class="smallCaps">Stat.</inline> 668</page>tive date of such section 3(1) (other than by reason of the provisions <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 654.</p></sidenote> relating to welfare assistance payments), the required adjustment shall be made, in accordance with regulations of the Secretary, as follows: (A) the first adjustment shall not exceed $5 and shall become effective as of the month following the month of the first review of the family’s income pursuant to section 6(c)(2) of such Act which occurs <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 659.</p></sidenote> at least six months after the effective date of such section 3(1), and (B) subsequent adjustments, each of which shall not exceed $5, shall be made at six-month intervals over whatever period is necessary to effect the full required increase in the family’s rental charge.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">exemptions of certain projects from rental formula</inline></heading> <num value="203"><inline class="smallCaps">Sec.</inline> 203.</num> <content>The rental or income contribution provisions of the United <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1437f">42 USC 1437f</ref> note.</p></sidenote> States Housing Act of 1937, as amended by section 201 of this Act, shall not preclude the use of special schedules of required payments as approved by the Secretary for participants in mutual help housing projects who contribute labor, land, or materials to the development of such projects.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">repeal of specification requirements in construction contracts</inline></heading> <num value="204"><inline class="smallCaps">Sec.</inline> 204.</num> <content>Section 815 of the Housing Act of 1954 is repealed.<sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1411d/s1455a">42 USC 1411d, 1455a.</ref></p></sidenote></content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">retroactive effect of repeal of section 10</inline>(j)</heading> <num value="205"><inline class="smallCaps">Sec.</inline> 205.</num> <content>Section 206(c) of the Housing Act of 1961 (Public Law 87–70, approved June 30, 1961, 75 Stat. 165) is amended by adding at <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1410">42 USC 1410</ref> note.</p></sidenote> the end thereof the following sentence: “<quotedText>The Secretary of Housing and Urban Development is authorized to agree with a public housing agency to the amendment of any annual contributions contract containing the provision prescribed in section 10(j) of the United States Housing Act of 1937 (as in effect prior to the enactment of the Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1410">42 USC 1410.</ref></p></sidenote> and Community Development Act of 1974), so as to delete such provision and waive any rights of the United States that are accrued or may accroe under such provision.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment to national bank act</inline></heading> <num value="206"><inline class="smallCaps">Sec.</inline> 206.</num> <chapeau>The sixth sentence of paragraph “Seventh” of section 5136 of the Revised Statutes, as amended (12 U.S.C. 24), is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>1421a(b) of title 42</quotedText>” wherever it appears and inserting in lieu thereof w“<quotedText>6(g) of the United States Housing Act of 1937</quotedText>”;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 659.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>either</quotedText>” before clause (1);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>(which obligations shall have a maturity of not more than eighteen months)</quotedText>” in clause (1);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>or</quotedText>” before clause (2); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by inserting before the colon before the first proviso the following: “<quotedText>, or (3) by a pledge of both annual contributions under an annual contributions contract containing the covenant by the Secretary which is authorized by section 6(g) of the United States Housing Act of 1937, and a loan under an agreement between the local public housing agency and the Secretary in which the public housing agency agrees to borrow from the Secretary, and the Secretary agrees to lend to the public housing agency, prior to the maturity of the obligations involved, moneys in an amount which (together with any other moneys irrevocably committed under the annual contributions contract to the payment of principal and interest on such obligations) will suffice to pro-<page identifier="/us/stat/88/669">88 <inline class="smallCaps">Stat.</inline> 669</page>vide for the payment when due of all installments of principal and interest on such obligations, which moneys under the terms of the agreement are required to be used for the purpose of paying the principal and interest on such obligations at their maturity</quotedText>”.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendments to lanham act</inline></heading> <num value="207"><inline class="smallCaps">Sec.</inline> 207.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 606 of the Act of October 14, 1940, as amended (42 U.S.C. 1586), is amended by striking out that part of the first sentence in subsection (b) which follows the parenthetical phrase and inserting in lieu thereof a period, and by striking out all of the second sentence.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 606(c)(1) of such Act is amended by inserting before the semicolon at the end thereof the following: “<quotedText>, or, with the Secretary’s approval, used to finance the repair or rehabilitation of a project or part thereof conveyed to the public housing agency under this section</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">leased housing</inline></heading> <num value="208"><inline class="smallCaps">Sec.</inline> 208.</num> <content>Nothing in this title or any other provision of law authorizes <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1421b">42 USC 1421b</ref> note.</p></sidenote> the Secretary of Housing and Urban Development to apply any policy or procedure established by him with respect to the rights of an owner under a lease entered into under section 23 of the United States Housing Act of 1937 if such lease was entered into prior to the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1421b">42 USC 1421b.</ref></p></sidenote> effective date of such policy or procedure.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">low-income housing for the elderly or handicapped</inline></heading> <num value="209"><inline class="smallCaps">Sec.</inline> 209.</num> <content>The Secretary shall consult with the Secretary of Health, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1438">42 USC 1438.</ref></p></sidenote> Education, and Welfare to insure that special projects for the elderly or the handicapped authorized pursuant to United States Housing Act of 1937 shall meet acceptable standards of design and shall provide <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 653</p></sidenote> quality services and management consistent with the needs of the occupants. Such projects shall be specifically designed and equipped with such “related facilities” (as defined in section 202(d)(8) of the Housing Act of 1959) as may be necessary to accommodate the special <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 671.</p></sidenote> environmental needs of the intended occupants and shall be in support of and supported by the applicable State plans for comprehensive services pursuant to section 134 of the Mental Retardation Facilities and Community Mental Health Center Construction Act of 1963 or State and area plans pursuant to title III of the Older Americans Act of 1965.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2674">42 USC 2674.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3021">42 USC 3021.</ref></p></sidenote> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">revision of section 202 program for elderly and handicapped</inline></heading> <num value="210"><inline class="smallCaps">Sec.</inline> 210.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 202(a)(3) of the Housing Act of 1959 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote> amended by striking out all that follows “<quotedText>and shall bear interest at a rate</quotedText>” and inserting in lieu thereof “<quotedText>which is not more than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted to the nearest one-eighth of 1 per centum, plus an allowance adequate in the judgment of the Secretary to cover administrative costs and probable losses under the program.</quotedText>”</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 202(d)(4) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>a physical</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>an</quotedText>”; and</content></paragraph> <page identifier="/us/stat/88/670">88 <inline class="smallCaps">Stat.</inline> 670</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting after the second sentence the following new sentence: “<quotedText>A person shall also be considered handicapped if such person is a developmentally disabled individual as defined in section 102(5) of the Developmental Disabilities Services and Facilities Construction Amendments of 1950.</quotedText>”</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 202 of such Act is further amended by adding at the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote> end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>In carrying out the provisions of this section, the Secretary shall seek to assure, pursuant to applicable regulations, that housing and related facilities assisted under this section will be in appropriate support of, and supported by, applicable State and local plans which respond to Federal program requirements by providing an assured range of necessary services for individuals occupying such housing (which services may include, among others, health, continuing education, welfare, informational, recreational, homemaker, counseling, and referral services, transportation where necessary to facilitate access to social services, and services designed to encourage and assist recipients to use the services and facilities available to them), including plans approved by the Secretary of Health, Education, and Welfare pursuant to section 134 of the Mental Retardation Facilities and Community Mental Health Center Construction Act of 1963 or pursuant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2674">42 USC 2674.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3021">42 USC 3021.</ref></p></sidenote> to title III of the Older Americans Act of 1965.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Section 202(a)(4) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>(A)</quotedText>” immediately after “<quotedText>(4)</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>, and the proceeds from notes or other obligations issued under subparagraph (B),</quotedText>” after “<quotedText>Amounts so appropriated</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by adding at the end thereof the following new subparagraphs: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">To carry out the purposes of this section, the Secretary is authorized to issue to the Secretary of the Treasury notes or other obligations in an aggregate amount not to exceed $800,000,000, in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be prescribed by the Secretary of the Treasury. Such notes or other obligations shall bear interest at a <sidenote><p class="indent0 firstIndent1 fontsize8">Interest rate.</p></sidenote> rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations issued hereunder and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act; and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> the purposes for which securities may be issued under that Act are extended to include any purchase of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.</content></clause> <clause class="indent0 fontsize10"><num value="ii">“(ii)</num> <content>The receipts and disbursements of the fund shall not be included in the total of the Budget of the United States Government and shall be exempt from any limitation on annual expenditure or net lending.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>Amounts in the fund shall be available to the Secretary for the purpose of making loans under this section and for paying interest on obligations issued under subparagraph (B). The aggregate loans made under this section in any fiscal year shall not exceed the <page identifier="/us/stat/88/671">88 <inline class="smallCaps">Stat.</inline> 671</page> limits on such lending authority established for such year in appropriation Acts.”</content></subparagraph> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 202(a) of such Act is amended by adding at the end <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote> thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>To the maximum extent practicable, the Secretary shall use the services and facilities of the private mortgage industry in servicing mortgage loans made under this section.”</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 202(d)(8) of such Act is amended by inserting immediately after “<quotedText>families</quotedText>” the following: “<quotedText>residing in the project or in the area</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In determining the feasibility and marketability of a project <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q</ref> note.</p></sidenote> under section 202 of the Housing Act of 1959, the Secretary shall consider the availability of monthly assistance payments pursuant to section 8 of the United States Housing Act of 1937 with respect to such <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p, 662.</p></sidenote> a project.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary shall insure that with the original approval of a project authorized pursuant to section 202 of the Housing Act of 1959, and thereafter at each annual revision of the assistance contract under section 8 of the United States Housing Act of 1937 with respect to units in such project, the project will serve both low- and moderate-income families in a mix which he determines to be appropriate for the area and for viable operation of the project; except that the Secretary shall not permit maintenance of vacancies to await tenants of one income level where tenants of another income level are available.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">single-family mortgage assistance</inline></heading> <num value="211"><inline class="smallCaps">Sec.</inline> 211.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau>Section 235 of the National Housing Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z">12 USC 1715z.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>and by $200,000,000 on July 1, 1971</quotedText>” in subsection (h)(1) and inserting in lieu thereof “<quotedText>by $200,000,000 on July 1, 1971, and by such sums as may be approved in appropriation Acts after June 30, 1974, and prior to July 1, 1976</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by adding at the end of subsection (h)(1) the following: “<quotedText>Upon the expiration of one year following the date of enactment of the Housing and Community Development Act of 1974, the Secretary shall not enter into new contracts for assistance payments under this section utilizing authority approved in appropriation Acts prior to July 1, 1974.</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out paragraph (2) of subsection (h) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Assistance payments under this section may be made only with respect to a family whose income at the time of initial occupancy does not exceed 80 per centum of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low median family incomes, or other factors.”;</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>prior to July 1, 1972</quotedText>” in subsection (h)(3) (B) and inserting in lieu thereof “<quotedText>on or after July 1, 1969</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by inserting after “<quotedText>mortgage</quotedText>” in the first sentence of subsection (i)(1) the following: “<quotedText>(including advances with respect to property construction or rehabilitation pursuant to a self-help program)</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>by striking out paragraph (3)(C) of subsection (i) and inserting in lieu thereof the following:<quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>be executed by a mortgagor who shall have paid in cash or its equivalent, on account of the property, at least an <page identifier="/us/stat/88/672">88 <inline class="smallCaps">Stat.</inline> 672</page> amount equal to 3 per centum of the Secretary’s estimate of the cost of acquisition.”; and</content></subparagraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>by striking out “<quotedText>October 1, 1974</quotedText>” in subsection (m) and inserting in lieu thereof “<quotedText>June 30, 1976</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 235(a) of such Act is amended by inserting after “<quotedText>this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z">12 USC 1715z.</ref></p></sidenote> section</quotedText>” at the end of the second sentence the following: “<quotedText>or which mortgages are assisted under a State or local program providing assistance through loans, loan insurance or tax abatement</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The last proviso in section 235(b) (2) of such Act is amended by striking out “<quotedText>$18,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$21,000</quotedText>”, and “<quotedText>$24,000</quotedText>” and inserting in lieu thereof “<quotedText>$21,600</quotedText>”, “<quotedText>$25,200</quotedText>”, “<quotedText>$25,200</quotedText>”, and “<quotedText>$28,800</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 235(i) (3) (B) of such Act is amended by striking out “<quotedText>$18,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$21,000</quotedText>”, and “<quotedText>$24,000</quotedText>” and inserting in lieu thereof “<quotedText>21,600</quotedText>”, “<quotedText>$25,200</quotedText>”, “<quotedText>$25,200</quotedText>”, and “<quotedText>$28,800</quotedText>”, respectively.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">multifamily mortgage assistance</inline></heading> <num value="212"><inline class="smallCaps">Sec.</inline> 212.</num> <chapeau>Section 236 of the National Housing Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–1">12 USC 1715z–1.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(f)</quotedText>” at the beginning of subsection (f), and by redesignating clauses (1) and (2) of such subsection as clauses (A) and (B), respectively;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by adding at the end of subsection (f) (1) the following: <quotedContent> <paragraph class="firstIndent0 fontsize10"><chapeau>“With respect to those projects which the Secretary determines have separate utility metering for some or all dwelling units, the Secretary is authorized—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">“(i)</num> <content>to permit the basic rental charge and the fair market rental charge to be determined on the basis of operating the project without the payment of the cost of utility services used by such dwelling units; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">“(ii)</num> <content>to permit the charging of a rental for such dwelling units at such an amount less than 25 per centum of a tenant’s income as the Secretary determines represents a proportionate decrease for the utility charges to be paid by such tenant, but in no case shall such rental be lower than 20 per centum of a tenant’s income.</content></clause></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>With respect to 20 per centum of the dwelling units in any project made subject to a contract under this section after the date of enactment of the Housing and Community Development Act of 1974, the Secretary shall make, and contract to make, additional assistance payments to the project owner on behalf of tenants whose incomes are too low for them to afford the basic rentals with 25 per centum of their income or such lower per centum as may be established pursuant to the provisions of clause (ii) of the last sentence of paragraph (1). The additional assistance payments authorized by this paragraph with respect to any dwelling unit shall be the amount required to reduce the rental payment by the tenant to 25 per centum of the tenant’s income or such lower per centum as may be established pursuant to the provisions of clause (ii) of the last sentence of paragraph (1). In no case shall such rental payment be reduced below an amount equal to utility costs attributable to the unit occupied by the tenant, unless the Secretary determines that the application of this requirement in any area would result in undue hardship because of unusually high utility costs prevailing seasonally or otherwise in such area. Notwithstanding the foregoing provisions of this paragraph, the Secretary may—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>reduce such 20 per centum requirement in the case of any project if he determines that such action is necessary to assure the economic viability of the project; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>increase such 20 per centum requirement in the case of any project if he determines that such action is necessary and feasible <page identifier="/us/stat/88/673">88 <inline class="smallCaps">Stat.</inline> 673</page> in order to assure, insofar as is practicable, that there is in the project a reasonable range in the income levels of tenants, or that such action is to be taken to meet the housing needs of elderly or handicapped families.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>For each project there shall be established an initial operating expense level, which shall be the sum of the cost of utilities and local property taxes payable by the project owner at the time the Secretary determines the property to be fully occupied, taking into account anticipated and customary vacancy rates. At any time subsequent to the establishment of an initial operating expense level, the Secretary is authorized to make, and contract to make, additional assistance payments to the project owner in an amount up to the amount by which the sum of the cost of utilities and local property taxes exceeds the initial operating expense level, but not to exceed the amount required to maintain the basic rentals of any units at levels not in excess of 30 per centum, or such lower per centum not less than 25 per centum as shall reflect the reduction permitted in clause (ii) of the last sentence of paragraph (1), of the income of tenants occupying such units. Any contract to make additional assistance payments may be amended periodically to provide for appropriate adjustments in the amount of the assistance payments. Additional assistance payments shall be made pursuant to this paragraph only if the Secretary finds that the increase in the cost of utilities or local property taxes, is reasonable and is comparable to cost increases affecting other rental projects in the community.”;</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out subsection (g) and inserting in lieu thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–1">12 USC 1715z–1.</ref></p></sidenote> the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>The project owner shall, as required by the Secretary, accumulate, safeguard, and periodically pay to the Secretary all rental charges collected in excess of the basic rental charges. Such excess charges shall be credited to a reserve fund to be used by the Secretary to make additional assistance payments as provided in paragraph (3) of subsection (f). During any period that the Secretary determines that the balance in the reserve fund is adequate to meet the estimated additional assistance payments, such excess charges shall be credited to the appropriation authorized by subsection (i) and shall be available until the end of the next fiscal year for the purpose of making assistance payments with respect to rental housing projects receiving assistance under this section. For the purpose of this subsection and paragraph (3) of subsection (f), the initial operating expense level for any project assisted under a contract entered into prior to the date of enactment of the Housing and Community Development Act of 1974 shall be established by the Secretary not later than 180 days after the date of enactment of such Act.”;</content></subsection> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>and by $200,000,000 on July 1, 1971</quotedText>” in subsection (i) (1) and inserting in lieu thereof “<quotedText>by $200,000,000 on July 1, 1971, and by $75,000,000 on July 1, 1974</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by striking out paragraphs (2) and (3) of subsection (i) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Contracts for assistance payments under this section may be entered into only with respect to tenants whose incomes do not exceed 80 per centum of the median family income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 per centum of the median for the area on the basis of his findings that such variations are necessary because of prevailing levels of construction costs, unusually high or low family incomes, or other factors.</content></paragraph> <page identifier="/us/stat/88/674">88 <inline class="smallCaps">Stat.</inline> 674</page> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Not less than 10 per centum of the total amount of contracts for assistance payments authorized by appropriation Acts to be made after June 30, 1974, shall be available for use only with respect to dwellings, or dwelling units in projects, which are approved by the Secretary prior to rehabilitation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>At least 20 per centum of the total amount of contracts for assistance payments authorized in appropriation Acts to be made after June 30, 1974, shall be available for use only with respect to projects which are planned in whole or in part for occupancy by elderly or handicapped families. As used in this paragraph, the term ‘elderly families’ means families which consist of two or more persons the head of which (or his spouse) is sixty-two years of age or over or is handicapped. Such term also means a single person who is sixty-two years of age or over or is handicapped. A person shall be considered handicapped if such person is determined, pursuant to regulations issued by the Secretary, to have an impairment which (A) is expected to be of long-continued and indefinite duration, (B) substantially impedes his ability to live independently, and (C) is of such a nature that such ability could be improved by more suitable housing conditions.”;</content></paragraph> </quotedContent> </content> </paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>by striking out “<quotedText>October 1, 1974</quotedText>” in subsection (n) and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–1">12 USC 1715z–1.</ref></p></sidenote> inserting in lieu thereof “<quotedText>June 30, 1976</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>by adding at the end thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="p">“(p)</num> <content>The Secretary is authorized to enter into contracts with State or local agencies approved by him to provide for the monitoring and supervision by such agencies of the management by private sponsors of projects assisted under this section. Such contracts shall require that such agencies promptly report to the Secretary any deficiencies in the management of such projects in order to enable the Secretary to take corrective action at the earliest practicable time.”</content></subsection> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">local housing assistance plans; allocation of housing funds</inline></heading> <num value="213"><inline class="smallCaps">Sec.</inline> 213.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Secretary of Housing and Urban Development, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1439">42 USC 1439.</ref></p></sidenote> upon receiving an application for housing assistance under the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p, 653.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z/s1715z–1">12 USC 1715z, 1715z–1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701s">12 USC 1701s</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701q">12 USC 1701q.</ref></p></sidenote> United States Housing Act of 1937, section 235 or 236 of the National Housing Act, section 101 of the Housing and Urban Development Act of 1965, or section 202 of the Housing Act of 1959, if the unit of general local government in which the proposed assistance is to be provided has an approved housing assistance plan, shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>not later than ten days after receipt of the application, notify the chief executive officer of such unit of general local government that such application is under consideration; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>afford such unit of general local government the opportunity, during the thirty-day period beginning on the date of such notification, to object to the approval of the application on the grounds that the application is inconsistent with its housing assistance plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If the unit of general local government objects to the application on the grounds that it is inconsistent with its housing assistance plan, the Secretary may not approve the application unless he determines that the application is consistent with such housing assistance plan. If the Secretary determines, that such application is consistent with the housing assistance plan, he shall notify the chief executive officer of the unit of general local government of his determination and the reasons therefor in writing. If the Secretary concurs with the objection of the unit of local government, he shall notify the applicant stating the reasons therefor in writing.</content></paragraph> <page identifier="/us/stat/88/675">88 <inline class="smallCaps">Stat.</inline> 675</page> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>If the Secretary does not receive an objection by the close of the period referred to in paragraph (1)(B), he may approve the application unless he finds it inconsistent with the housing assistance plan. If the Secretary determines that an application is inconsistent with a housing assistance plan, he shall notify the applicant stating the reasons therefor in writing.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary shall make the determinations referred to in paragraphs (2) and (3) within thirty days after he receives an objection pursuant to paragraph (1)(B) or within thirty days after the close of the period referred to in paragraph (1)(B), whichever is earlier.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>As used in this section, the term “housing assistance plan” <sidenote><p class="indent0 firstIndent1 fontsize8">“Housing assistance plan.”</p></sidenote> means a housing assistance plan submitted and approved under section 104 of this Act or, in the case of a unit of general local government not participating under title I of this Act, a housing plan approved by the Secretary as meeting the requirements of this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The provisions of subsection (a) shall not apply to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>applications for assistance involving 12 or fewer units in a single project or development;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>applications for assistance with respect to housing in new community developments approved under title IV of the Housing and Urban Development Act of 1968 or title VII of the Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3901">42 USC 3901.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4501">42 USC 4501.</ref></p></sidenote> and Urban Development Act of 1970 which the Secretary determines are necessary to meet the housing requirements under such title; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>applications for assistance with respect to housing financed by loans or loan guarantees from a State or agency thereof, except that the provisions of subsection (a) shall apply where the unit of general local government in which the assistance is to be provided objects in its housing assistance plan to the exemption provided by this paragraph.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>For areas in which an approved local housing assistance plan is not applicable, the Secretary shall not approve an application for housing assistance unless he determines that there is a need for such assistance, taking into consideration any applicable State housing plans, and that there is or will be available in the area public facilities and services adequate to serve the housing proposed to be assisted. The Secretary shall afford the unit of general local government in which the assistance is to be provided an opportunity, during a 30-day period following receipt of an application by him, to provide comments or information relevant to the determination required to be made by the Secretary under this subsection.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In allocating financial assistance under the provisions of law specified in subsection (a) of this section, the Secretary, so far as practicable, shall consider the relative needs of different areas and communities as reflected in data as to population, poverty, housing overcrowding, housing vacancies, amount of substandard housing, or other objectively measurable conditions, subject to such adjustments as may be necessary to assist in carrying out activities designed to meet lower income housing needs as described in approved housing assistance plans submitted by units of general local government or combinations of such units assisted under section 107(a)(2) of this Act. The amount of assistance allocated to nonmetropolitan areas pursuant to this section in any fiscal year shall not be less than 20 nor more than 25 per centum of the total amount of such assistance.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In order to facilitate the provision of, and long-range planning for, housing for persons of low- and moderate-income in new community developments approved under title IV of the Housing and Urban Development Act of 1968 and title VII of the Housing and Urban <page identifier="/us/stat/88/676">88 <inline class="smallCaps">Stat.</inline> 676</page> Development Act of 1970, the Secretary shall reserve such housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4501">42 USC 4501.</ref></p></sidenote> assistance funds as he deems necessary for use in connection with such new community developments.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may reserve such housing assistance funds as he deems appropriate for use by a State or agency thereof.</content></paragraph></subsection> </section> <num value="III">TITLE III—</num><heading class="inline">MORTGAGE CREDIT ASSISTANCE</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">insured advances</inline></heading> <num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>Title V of the National Housing Act is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“advances</inline></heading> <num value="525"><inline class="smallCaps">“Sec.</inline> 525.</num> <content>The Secretary is authorized to insure mortgage proceeds <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1735f–3">12 USC 1735f–3.</ref></p></sidenote> advanced during construction or rehabilitation or otherwise prior to final endorsement of a project mortgage for the purpose of (1) financing improvements to the property and the purchase of materials and building components delivered to the property, and (2) providing funds to cover the cost of building components where such components have been assembled and specifically identified for incorporation into the property but are located at a site other than the mortgaged property, with such security as the Secretary may require.”</content></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">increase in maximum mortgage amounts under fha one- to four-family mortgage insurance programs</inline></heading> <num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 203(b)(2) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1709">12 USC 1709.</ref></p></sidenote> amended by striking out “<quotedText>$33,000</quotedText>”, “<quotedText>$35,750</quotedText>”, and “<quotedText>$41,250</quotedText>” wherever they appear and inserting in lieu thereof “<quotedText>$45,000</quotedText>”, “<quotedText>$48,750</quotedText>”, and “<quotedText>$56,000</quotedText>”, respectively.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 220(d)(3)(A) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715k">12 USC 1715k.</ref></p></sidenote> “<quotedText>$33,000</quotedText>”, “<quotedText>$35,750</quotedText>”, and “<quotedText>$41,250</quotedText>” wherever they appear and inserting in lieu thereof “<quotedText>$45,000</quotedText>”, “<quotedText>$48,750</quotedText>”, and “<quotedText>$56,000</quotedText>”, respectively.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Section 221(d)(2)(A) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$18,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$24,000</quotedText>”, “<quotedText>$32,400</quotedText>”, and “<quotedText>$39,600</quotedText>” in the matter preceding the first proviso and inserting in lieu thereof “<quotedText>$21,600</quotedText>”, “<quotedText>$25,200</quotedText>”, “<quotedText>28,000</quotedText>”, “<quotedText>$38,880</quotedText>”, and “<quotedText>$47,520</quotedText>”, respectively; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$21,000</quotedText>”, “<quotedText>$24,000</quotedText>”, “<quotedText>$30,000</quotedText>”, “<quotedText>$38,400</quotedText>”, and “<quotedText>$45,600</quotedText>” in the second proviso and inserting in lieu thereof “<quotedText>$25,200</quotedText>”, “<quotedText>$28,800</quotedText>”, “<quotedText>$36,000</quotedText>”, “<quotedText>$46,080</quotedText>”, and “<quotedText>$54,720</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 222(b)(2) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715m">12 USC 1715m.</ref></p></sidenote> “<quotedText>$33,000</quotedText>” and inserting in lieu thereof “<quotedText>$45,000</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 234(c) of such Act is amended by striking out “<quotedText>$33,000</quotedText>” <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715y">12 USC 1715y.</ref></p></sidenote> and inserting in lieu thereof “<quotedText>$45,000</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">increase in maximum mortgage amounts under fha multifamily mortgage insurance programs</inline></heading> <num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 207(c)(3) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1713">12 USC 1713.</ref></p></sidenote> amended by striking out “<quotedText>$9,900</quotedText>”, “<quotedText>$13,750</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$20,350</quotedText>”, “<quotedText>$23,100</quotedText>”, and “<quotedText>$2,500</quotedText>” in the matter preceding the first semicolon and inserting in lieu thereof “<quotedText>$13,000</quotedText>”, “<quotedText>$18,000</quotedText>”, “<quotedText>$21,500</quotedText>”, “<quotedText>$26,500</quotedText>”, “<quotedText>$30,000</quotedText>”, and “<quotedText>$8,250</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 207(c)(3) of such Act is further amended by striking out “<quotedText>$11,550</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$19,800</quotedText>”, “<quotedText>$24,750</quotedText>”, and “<quotedText>$28,050</quotedText>” in the <page identifier="/us/stat/88/677">88 <inline class="smallCaps">Stat.</inline> 677</page> matter following the first semicolon and inserting in lieu thereof “<quotedText>$15,000</quotedText>”, “<quotedText>21,000</quotedText>”, “<quotedText>$25,750</quotedText>”, “<quotedText>$32,250</quotedText>”, and “<quotedText>$36,465</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 213(b)(2) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715e">12 USC 1715e.</ref></p></sidenote> “<quotedText>$9,900</quotedText>”, “<quotedText>$13,750</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$20,350</quotedText>”, and “<quotedText>$23,100</quotedText>” in the matter preceding the first proviso and inserting in lieu thereof “<quotedText>$13,000</quotedText>”, “<quotedText>$18,000</quotedText>”, “<quotedText>$21,500</quotedText>”, “<quotedText>$26,500</quotedText>”, and “<quotedText>$30,000</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 213(b)(2) of such Act is further amended by striking out “<quotedText>$11,550</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$19,800</quotedText>”, “<quotedText>$24,750</quotedText>”, and “<quotedText>$28,050</quotedText>” in the first proviso and inserting in lieu thereof “<quotedText>$15,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$25,750</quotedText>”, “<quotedText>$32,250</quotedText>”, and “<quotedText>$36,465</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 220(d)(3)(B)(iii) of such Act is amended by striking <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715k">12 USC 1715k.</ref></p></sidenote> out “<quotedText>$9,900</quotedText>”, “<quotedText>$13,750</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$20,350</quotedText>”, and “<quotedText>$23,100</quotedText>” in the matter preceding “except” where it first appears and inserting in lieu thereof “<quotedText>$13,000</quotedText>”, “<quotedText>$18,000</quotedText>”, “<quotedText>$21,500</quotedText>”, “<quotedText>$26,500</quotedText>”, and “<quotedText>$30,000</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 220(d)(3)(B)(iii) of such Act is further amended by striking out “<quotedText>$11,550</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$19,800</quotedText>”, “<quotedText>$24,750</quotedText>”, and “<quotedText>$28,050</quotedText>” in the matter following “except” where it first appears and inserting in lieu thereof “<quotedText>$15,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$25,750</quotedText>”, “<quotedText>$32,250</quotedText>” and “<quotedText>$36,465</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Section 221(d)(3)(ii) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>$9,200</quotedText>”, “<quotedText>$12,937.50</quotedText>”, “<quotedText>$15,525</quotedText>”, “<quotedText>$19,550</quotedText>”, and “<quotedText>$22,137.50</quotedText>” and inserting in lieu thereof “<quotedText>$11,240</quotedText>”, “<quotedText>$15,540</quotedText>”, “<quotedText>$18,630</quotedText>”, “<quotedText>$23,460</quotedText>”, and “<quotedText>$26,570</quotedText>”, respectively; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out “<quotedText>$10,925</quotedText>”, “<quotedText>$13,500</quotedText>”, “<quotedText>$18,400</quotedText>”, “<quotedText>$23,000</quotedText>”, and “<quotedText>$26,162.50</quotedText>” and inserting in lieu thereof “<quotedText>$13,120</quotedText>”, “<quotedText>$16,200</quotedText>”, “<quotedText>$22,080</quotedText>”, “<quotedText>$27,600</quotedText>”, and “<quotedText>$32,000</quotedText>”, respectively.</content></subparagraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 221(d)(4)(ii) of such Act is amended by striking out “<quotedText>$9,200</quotedText>”, “<quotedText>$12,937.50</quotedText>”, “<quotedText>$15,525</quotedText>”, “<quotedText>$19,550</quotedText>”, and “<quotedText>$22,137.50</quotedText>” in the matter preceding the first semicolon and inserting in lieu thereof “<quotedText>$12,300</quotedText>”, “<quotedText>$17,188</quotedText>”, “<quotedText>$20,525</quotedText>”, “<quotedText>$24,700</quotedText>”, and “<quotedText>$29,038</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 221(d)(4)(ii) of such Act is further amended by striking out “<quotedText>$10,525</quotedText>”, “<quotedText>$15,525</quotedText>”, “<quotedText>$18,400</quotedText>”, “<quotedText>$23,000</quotedText>”, and “<quotedText>$26,162.50</quotedText>” in the matter following the first semicolon and inserting in lieu thereof “<quotedText>$13,975</quotedText>”, “<quotedText>$20,025</quotedText>”, “<quotedText>$24,350</quotedText>”, “<quotedText>$31,500</quotedText>”, and “<quotedText>$34,578</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 231(c)(2) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715v">12 USC 1715v.</ref></p></sidenote> “<quotedText>$8,800</quotedText>”, “<quotedText>$12,375</quotedText>”, “<quotedText>$14,850</quotedText>”, “<quotedText>$18,700</quotedText>”, and “<quotedText>$21,175</quotedText>” in the matter preceding the first semicolon and inserting in lieu thereof “<quotedText>$12,300</quotedText>”, “<quotedText>$17,188</quotedText>”, “<quotedText>$20,525</quotedText>”, “<quotedText>$24,700</quotedText>”, and “<quotedText>$29,038</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 231(c)(2) of such Act is further amended by striking out “<quotedText>$10,450</quotedText>”, “<quotedText>$14,850</quotedText>”, “<quotedText>$17,600</quotedText>”, “<quotedText>$22,000</quotedText>”, and “<quotedText>$25,025</quotedText>” in the matter following the first semicolon and inserting in lieu thereof “<quotedText>$13,975</quotedText>”, “<quotedText>$20,025</quotedText>”, “<quotedText>$24,350</quotedText>”, “<quotedText>$31,500</quotedText>”, and “<quotedText>$34,578</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 234(e)(3) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715y">12 USC 1715y.</ref></p></sidenote> “<quotedText>$9,900</quotedText>”, “<quotedText>$13,750</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$20,350</quotedText>”, and “<quotedText>$23,100</quotedText>” in the matter preceding the first proviso and inserting in lieu thereof “<quotedText>$13,000</quotedText>”, “<quotedText>$18,000</quotedText>”, “<quotedText>$21,500</quotedText>”, “<quotedText>$26,500</quotedText>”, and “<quotedText>$30,000</quotedText>”, respectively.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 234(e)(3) of such Act is further amended by striking out “<quotedText>$11,550</quotedText>”, “<quotedText>$16,500</quotedText>”, “<quotedText>$19,800</quotedText>”, “<quotedText>$24,750</quotedText>”, and “<quotedText>$28,050</quotedText>” in the first proviso and inserting in lieu thereof “<quotedText>$15,000</quotedText>”, “<quotedText>$21,000</quotedText>”, “<quotedText>$25,750</quotedText>”, “<quotedText>$32,250</quotedText>”, and “<quotedText>$36,465</quotedText>”, respectively.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">elimination of project mortgage dollar limits</inline></heading> <num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 207(c) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1713">12 USC 1713.</ref></p></sidenote> amended by striking out paragraph (1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 207(c)(3) of such Act is amended by striking out “<quotedText>or $1,000,000 per mortgage for trailer courts or parks</quotedText>”.</content></paragraph></subsection> <page identifier="/us/stat/88/678">88 <inline class="smallCaps">Stat.</inline> 678</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 213(b) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715e">12 USC 1715e.</ref></p></sidenote> paragraph (1).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 213(c) of such Act is amended by striking out “<quotedText>not to exceed $12,500,000 and</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 220(d)(3)(B) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715k">12 USC 1715k.</ref></p></sidenote> clause (i).</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>Section 221(d) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out clause (i) in paragraph (3); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out clause (i) in paragraph (4).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 231(c) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715v">12 USC 1715v.</ref></p></sidenote> paragraph (1).</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>Section 232(d)(2) of such Act is amended by striking out “<quotedText>not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715w">12 USC 1715w.</ref></p></sidenote> to exceed $12,500,000, and</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>Section 234(e) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715y">12 USC 1715y.</ref></p></sidenote> paragraph (1).</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>Section 242(d)(2) of such Act is amended by striking out “<quotedText>not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–7">12 USC 1715z–7.</ref></p></sidenote> to exceed $50,000,000, and</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 810(f) of such Act is amended by striking out <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1748h–2">12 USC 1748h–2.</ref></p></sidenote> “<quotedText>(1) not to exceed $5,000,000 or (2)</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 810(g) of such Act is amended by striking out “<quotedText>not to exceed $5,000,000 and</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="k">(k)</num> <content>Section 1002(c) of such Act is amended by striking out the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749bb">12 USC 1749bb.</ref></p></sidenote> second sentence.</content></subsection> <subsection class="indent0 fontsize10"><num value="l">(l)</num> <content>Section 1101(c) of such Act is amended by striking out paragraph <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa">12 USC 1749aaa.</ref></p></sidenote> (1).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">energy conservation</inline></heading> <num value="305"><inline class="smallCaps">Sec.</inline> 305.</num> <content>Title V of the National Housing Act (as amended by section 301 of this Act) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“energy conservation</inline></heading> <num value="526"><inline class="smallCaps">“Sec.</inline> 526.</num> <content>To the maximum extent feasible, the Secretary of Housing <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1735f–4">12 USC 1735f–4.</ref></p></sidenote> and Urban Development shall promote the use of energy saving techniques through minimum property standards established by him for newly constructed residential housing subject to mortgages insured under this Act.”</content></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">compensation for defects</inline></heading> <num value="306"><inline class="smallCaps">Sec.</inline> 306.</num> <content>Section 518(b) of the National Housing Act is amended to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1735b">12 USC 1735b.</ref></p></sidenote> read as follows:<quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary is authorized to make expenditures to correct, or to reimburse the owner for the correction of, structural or other major defects which so seriously affect use and livability as to create a serious danger to the life or safety of inhabitants of any one or two family dwelling which is covered by a mortgage insured under section 235 of this Act or which is located in an older, declining urban area and is covered by a mortgage insured under section 203 or 221 on or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1709/s1715l">12 USC 1709, 1715<i>l</i>.</ref></p></sidenote> after August 1, 1968, but prior to January 1, 1973, and which is more than one year old on the date of the issuance of the insurance commitment, if (1) the owner requests assistance from the Secretary not later than one year after the insurance of the mortgage, or, in the case of a dwelling covered by a mortgage insured under section 203 or 221 the insurance commitment for which was issued on or after August 1, 1968, but prior to January 1, 1973, not more than one year after the date of enactment of the Housing and Community Development Act of 1974, and (2) the defect is one that existed on the date of the issuance of the insurance commitment and is one that a proper inspection could reasonably be expected to disclose. The Secretary may require from the <page identifier="/us/stat/88/679">88 <inline class="smallCaps">Stat.</inline> 679</page> seller of any such dwelling an agreement to reimburse him for any payments made pursuant to this subsection with respect to such dwelling. Expenditures pursuant to this subsection shall be the obligation of the Special Risk Insurance Fund.”</content></subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">co-insurance</inline></heading> <num value="307"><inline class="smallCaps">Sec.</inline> 307.</num> <content>Title II of the National Housing Act is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“co-insurance</inline></heading> <num value="244"><inline class="smallCaps">“Sec.</inline> 244.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In addition to providing insurance as otherwise <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–9">12 USC 1715z–9.</ref></p></sidenote> authorized under this Act, and notwithstanding any other provision of this Act inconsistent with this section, the Secretary, upon request of any mortgagee and for such mortgage insurance premium as he may prescribe (which premium, or other charges to be paid by the mortgagor, shall not exceed the premium, or other charges, that would otherwise be applicable), may insure and make a commitment to insure under any provision of this title any mortgage, advance, or loan otherwise eligible under such provision, pursuant to a co-insurance contract providing that the mortgagee will—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>assume a percentage of any loss on the insured mortgage, advance, or loan in direct proportion to the amount of the co-insurance, which co-insurance shall not be less than 10 per centum, subject to any reasonable limit or limits on the liability of the mortgagee that may be specified in the event of unusual or catastrophic losses that may be incurred by any one mortgagee; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>carry out (under a delegation or otherwise and with or without compensation but subject to audit, exception, or review requirements) such credit approval, appraisal, inspection, commitment, property disposition, or other functions as the Secretary, pursuant to regulations, shall approve as consistent with the purposes of this Act.</content></paragraph> <continuation class="indent0 fontsize10">Any contract of co-insurance under this section shall contain such provisions relating to the sharing of premiums on a sound actuarial basis, establishment of mortgage reserves, manner of calculating insurance benefits, conditions with respect to foreclosure, handling and disposition of property prior to claim or settlement, rights of assignees (which may elect not to be subject to the loss sharing provisions), and other similar matters as the Secretary may prescribe pursuant to regulations.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>No insurance shall be granted pursuant to this section with respect to dwellings or projects approved for insurance prior to the beginning of construction unless the inspection of such construction is conducted in accordance with at least the minimum standards and criteria used with respect to dwellings or projects approved for mortgage insurance pursuant to other provisions of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>No insurance shall be granted pursuant to this section unless the Secretary has, after due consultation with the mortgage lending industry, determined that the demonstration program of co-insurance authorized by this section will not disrupt the mortgage market or reduce the availability of mortgage credit to borrowers who depend upon mortgage insurance provided under this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <chapeau>No mortgage, advance, or loan shall be insured pursuant to this section after June 30, 1977, except pursuant to a commitment to insure made before that date. The aggregate principal amount of mortgages and loans insured pursuant to this section in any fiscal year <page identifier="/us/stat/88/680">88 <inline class="smallCaps">Stat.</inline> 680</page> beginning on or after July 1, 1974, and ending prior to October 1, 1977, shall not exceed 20 per centum of the aggregate principal amount of all mortgages and loans insured under this title during such fiscal year. The overall percentage limitation specified in the preceding sentence shall also apply separately within each of the following categories—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>mortgages and loans covering one- to four-family dwellings; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>mortgages and loans covering projects with five or more dwelling units.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The Secretary shall not withdraw, deny, or delay insurance otherwise authorized under any other provision of this Act by reason of the availability of insurance pursuant to this section. The Secretary shall exercise his authority under this section only to the extent that he finds that the continued exercise of such authority will not adversely affect the flow of mortgage credit to older and declining neighborhoods and to the purchasers of older and lower cost housing.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>The Secretary shall submit to the Congress a report, not later <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> than March 1, 1975, and annually thereafter, describing operations under this section, including the extent of mortgage participation and any special problems encountered, particularly with respect to the flow of mortgage credit to older and declining neighborhoods and to purchasers of older and lower cost housing, and setting forth any recommendations he may deem appropriate with respect to the continuation or modification of the authority contained in this section. If the Secretary shall fail to submit any such report by the date due, his authority under this section shall terminate.”</content></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">experimental financing</inline></heading> <num value="308"><inline class="smallCaps">Sec.</inline> 308.</num> <content>Title II of the National Housing Act (as amended by section 307 of this Act) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“experimental financing</inline></heading> <num value="245"><inline class="smallCaps">“Sec.</inline> 245.</num> <content>The Secretary may insure on an experimental basis under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–10">12 USC 1715z–10.</ref></p></sidenote> any provision of this title mortgages and loans with provisions of varying rates of amortization corresponding to anticipated variations in family income to the extent he determines such mortgages or loans (1) have promise for expanding housing opportunities or meet special needs, (2) can be developed to include any safeguards for mortgagors or purchasers that may be necessary to offset special risks of such mortgages, and (3) have a potential for acceptance in the private market. The outstanding aggregate principal amount of mortgages which are insured pursuant to this section may not exceed 1 per centum of the outstanding aggregate principal amount of mortgages and loans estimated to be insured during any fiscal year under this title. A mortgage or loan may not be insured pursuant to this section after June 30, 1976, except pursuant to a commitment entered into prior to such date.”</content></section></quotedContent></content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">property improvement and mobile home loans</inline></heading> <num value="309"><inline class="smallCaps">Sec.</inline> 309.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 2(b) of the National Housing Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1703">12 USC 1703.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$5,000</quotedText>” in clause (1) and inserting in lieu thereof “<quotedText>$10,000</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>if such obligation</quotedText>” in clause (2) and all that follows down through “<quotedText>the general economy, and</quotedText>” and inserting in lieu thereof the following: “<quotedText>if such obligation has a maturity in excess of twelve years and thirty-two days, except that</quotedText>”;</content></paragraph> <page identifier="/us/stat/88/681">88 <inline class="smallCaps">Stat.</inline> 681</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>twelve years and thirty-two days (fifteen years and thirty-two days in the case of a mobile home composed of two or more modules)</quotedText>” in the proviso in clause (2) and inserting in lieu thereof “<quotedText>fifteen years and thirty-two days</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>$15,000</quotedText>”, “<quotedText>$2,500</quotedText>”, and “<quotedText>seven years</quotedText>” in the third proviso in clause (3) and inserting in lieu thereof “<quotedText>$25,000</quotedText>”, “<quotedText>$5,000</quotedText>”, and “<quotedText>twelve years</quotedText>”, respectively.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 2(a) of such Act is amended by adding at the end <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1703">12 USC 1703.</ref></p></sidenote> thereof the following new paragraph:<quotedContent> <subsection class="indent0 fontsize10"><chapeau>“Alterations, repairs, and improvements upon or in connection with existing structures may include the provision of fire safety equipment, energy conserving improvements, or the installation of solar energy systems. As used in this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the term ‘fire safety equipment’ means any device or facility which is designed to reduce the risk of personal injury or property damage resulting from fire and is in conformity with such criteria and standards as shall be prescribed by the Secretary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the term ‘energy conserving improvements’ means any addition, alteration, or improvement to an existing or new structure which is designed to reduce the total energy requirements of that structure, and which is in conformity with such criteria and standards as shall be prescribed by the Secretary in consultation with the National Bureau of Standards; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>the term ‘ solar energy system’ means any addition, alteration, or improvement to an existing or new structure which is designed to utilize solar energy to reduce the energy requirements of that structure from other energy sources, and which is in conformity with such criteria and standards as shall be prescribed by the Secretary in consultation with the National Bureau of Standards.”</content></paragraph></subsection></quotedContent></content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The first sentence of section 2(a) of such Act is amended by inserting before the period at the end thereof the following: “<quotedText>or financing the purchase of a lot on which to place such home and paying expenses reasonably necessary for the appropriate preparation of such lot, including the installation of utility connections, sanitary facilities, and paving, and the construction of a suitable pad, or financing only the acquisition of such a lot either with or without such preparation by an owner of a mobile home.</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 2(b) of such Act is amended by adding at the end thereof the following new sentence: “<quotedText>Notwithstanding the foregoing limitations, any loan to finance fire safety equipment for a nursing home, extended health care facility, intermediate health care facility, or other comparable health care facility may involve such principal amount and have such maturity as the Secretary may prescribe.</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Clause (i) in the first paragraph of section 2(a) of such Act is amended by inserting “<quotedText>or mobile homes</quotedText>” immediately after “<quotedText>in connection with existing structures</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 2(b) of such Act (as amended by subsection (b)(3) of this section) is amended by adding at the end thereof the following new paragraphs:<quotedContent> <paragraph class="indent0 fontsize10"><chapeau>“Notwithstanding the limitations contained in the first proviso to clause (2) of the preceding sentence, a loan financing the purchase of a mobile home and an undeveloped lot on which to place the home shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>involve an amount not exceeding (i) the maximum amount under clause (1) of the first paragraph of this subsection, and (ii) such amount not to exceed $5,000 as may be necessary to cover the cost of purchasing the lot; and</content></subparagraph> <page identifier="/us/stat/88/682">88 <inline class="smallCaps">Stat.</inline> 682</page> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>have a maturity not exceeding fifteen years and thirty-two days (twenty years and thirty-two days in the case of a mobile home composed of two or more modules).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><chapeau>“A loan financing the purchase of a mobile home and a suitably developed lot on which to place the home shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>involve an amount not exceeding (i) the maximum amount under clause (1) of the first paragraph of this subsection, and (ii) such amount not to exceed $7,500 as may be necessary to cover the cost of purchasing the lot; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>have a maturity not exceeding fifteen years and thirty-two days (twenty years and thirty-two days in the case of a mobile home composed of two or more modules).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><chapeau>“A loan financing the purchase, by an owner of a mobile home which is the principal residence of that owner, of only a lot on which to place that mobile home shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>involve such an amount as may be necessary to cover the cost of purchasing the lot but not exceeding (i) $5,000 in the case of an undeveloped lot, or (ii) $7,500 in the case of a developed lot; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>have a maturity not exceeding ten years and thirty-two days.</content></subparagraph> <continuation class="indent0 fontsize10">A mobile home lot loan may be made only if the owner certifies that he will place his mobile home on the lot acquired with such loan within six months after the date of such loan.”</continuation></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The last sentence of section 3(a) of the Act entitled “An Act to amend chapter 37 of title 38 of the United States Code with respect <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t38/s1801">38 USC 1801</ref> <i>et seq.</i></p></sidenote> to the veterans’ home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes,” approved May 7, 1968, as amended (12 U.S.C. 1709–1), is amended by striking out “<quotedText>, and which represent loans and advances of credit made for the purpose of financing purchases of mobile homes,</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">down-payment requirements for regular fha one- to four-family mortgages</inline></heading> <num value="310"><inline class="smallCaps">Sec.</inline> 310.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The first and second sentences of section 203(b)(2) of the National Housing Act are each amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1709">12 USC 1709.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$15,000</quotedText>” in clause (i) and inserting in lieu thereof “<quotedText>$25,000</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$15,000</quotedText>” and “<quotedText>$25,000</quotedText>” in clause (ii) and inserting in lieu thereof “<quotedText>$25,000</quotedText>” and “<quotedText>$35,000</quotedText>”, respectively; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>$25,000</quotedText>” in clause (iii) and inserting in lieu thereof “<quotedText>$35,000</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 220(d)(3)(A)(i) of such Act is amended by—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715k">12 USC 1715k.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$15,000</quotedText>” in each clause numbered (1) and inserting in lieu thereof “<quotedText>$25,000</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$15,000</quotedText>” and “<quotedText>$25,000</quotedText>” in each clause numbered (2) and inserting in lieu thereof “<quotedText>$25,000</quotedText>” and “<quotedText>$35,000</quotedText>”, respectively; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>$25,000</quotedText>” in each clause numbered (3) and inserting in lieu thereof “<quotedText>$35,000</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 222(b)(3) of such Act is amended to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715m">12 USC 1715m.</ref></p></sidenote> <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>have a principal obligation not in excess of the sum of (i) 97 per centum of $25,000 of the appraised value of the property as of the date the mortgage is accepted for insurance, (ii) 90 per centum of such value in excess of $25,000 but not in excess of $35,000, and (iii) 80 per centum of such value in excess of $35,000; and”.</content></paragraph> </quotedContent> </content> </subsection> <page identifier="/us/stat/88/683">88 <inline class="smallCaps">Stat.</inline> 683</page> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>That part of clause (A) of the third sentence of section 234(c) of such Act which begins “and not to exceed” is amended to read as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715y">12 USC 1715y.</ref></p></sidenote> follows “<quotedText>and not to exceed the sum of (i) 97 per centum of $25,000 of the appraised value of the property as of the date the mortgage is accepted for insurance, (ii) 90 per centum of such value in excess of $25,000 but not in excess of $35,000, (iii) 80 per centum of such value in excess of $35,000</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">multifamily mortgages</inline></heading> <num value="311"><inline class="smallCaps">Sec.</inline> 311.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 223 of the National Housing Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715n">12 USC 1715n.</ref></p></sidenote> by adding at the end thereof the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <chapeau>Notwithstanding any of the provisions of this Act, the Secretary is authorized, in his discretion, to insure under any section of this title a mortgage executed in connection with the purchase of refinancing of an existing multifamily housing project. In the case of refinancing under this subsection of property located in an older, declining urban area, the Secretary shall prescribe such terms and conditions as he deems necessary to assure that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the refinancing is used to lower the monthly debt service only to the extent necessary to assure the continued economic viability of the project, taking into account any rent reductions to be implemented by the mortgagor; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>during the mortgage term no rental increases shall be made except those which are necessary to offset actual and reasonable operating expense increases or other necessary expense increases approved by the Secretary.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>Notwithstanding any other provisions of this Act, the Secretary may, in his discretion, insure a mortgage covering a multifamily housing project including units which are not self-contained.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 213(b)(2) of such Act is amended by striking out “<quotedText>97 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715e">12 USC 1715e.</ref></p></sidenote> per centum</quotedText>” and inserting in lieu thereof “<quotedText>98 per centum</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">group practice facilities</inline></heading> <num value="312"><inline class="smallCaps">Sec.</inline> 312.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Title XI of the National Housing Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting after “<quotedText>unit or organization</quotedText>” in section 1101 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa">12 USC 1749aaa.</ref></p></sidenote> (b)(1) the following: “<quotedText>or other mortgagor</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting after “<quotedText>group practice facility</quotedText>” in section 1101 (b)(3) the following: “<quotedText>or medical practice facility</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by inserting after “<quotedText>group practice facility</quotedText>” in section 1101 (e) the following: “<quotedText>or medical practice facility</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by inserting after “<quotedText>group practice facility</quotedText>” in section 1101(f) the following: “<quotedText>or medical practice facility</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>by striking out in “<quotedText>(as defined in section 1106(1))</quotedText>” section 1105(a) and inserting in lieu thereof “<quotedText>or medical practice facility <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa–4">12 USC 1749aaa–4.</ref></p></sidenote> (as defined in section 1106)</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>by redesignating paragraphs (2) through (8) of section 1106 as paragraphs (3) through (9), respectively, and by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa–5">12 USC 1749aaa–5.</ref></p></sidenote> after paragraph (1) of such section the following:<quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <chapeau>The term ‘medical practice facility’ means an adequately <sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote> equipped facility in which not more than four persons licensed to practice medicine in the State where the facility is located can provide, as may be appropriate, preventive, diagnostic, and treatment services, and which is situated in a rural area or small town, or in a low-income section of an urban area, in which there exists, as determined by the Secretary, a critical shortage of physicians. As used in this paragraph—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the term ‘small town’ means any town, village, or city having a population of not more than 10,000 inhabitants accord-<page identifier="/us/stat/88/684">88 <inline class="smallCaps">Stat.</inline> 684</page>ing to the most recent available data compiled by the Bureau of the Census; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the term ‘low-income section of an urban area’ means a section of a larger urban area in which the median family income is substantially lower, as determined by the Secretary, than the median family income for the area as a whole.”</content></subparagraph></paragraph></quotedContent></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 1106 of such Act is amended as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa–5">12 USC 1749aaa–5.</ref></p></sidenote></chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>Paragraph (1) is amended by inserting “<quotedText>or osteopathy</quotedText>” after “<quotedText>practice medicine</quotedText>”, and by inserting after “<quotedText>State</quotedText>” where it last appears the following: “<quotedText>, or, in the case of podiatric care or treatment, is under the professional supervision of persons licensed to practice podiatry in the State</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Paragraph (2) (as redesignated by subsection (a)(6) of this section) is amended by inserting “<quotedText>, osteopathy,</quotedText>” after “<quotedText>practice medicine</quotedText>”, and by inserting after “<quotedText>dentistry in the State,</quotedText>” the following: “<quotedText>or of persons licensed to practice podiatry in the State,</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Paragraph (3)(A) (as so redesignated) is amended by inserting “<quotedText>osteopathic care,</quotedText>” after “<quotedText>comprehensive medical care,</quotedText>”, by striking out “<quotedText>or</quotedText>” after “<quotedText>optometric care,</quotedText>”, and by inserting after “<quotedText>dental care,</quotedText>” the following: “<quotedText>or podiatric care,</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Paragraph (3)(B) (as so redesignated) is amended by inserting “<quotedText>osteopathic,</quotedText>”, after “<quotedText>medical,</quotedText>”, by striking out “<quotedText>or</quotedText>” after “<quotedText>optometric,</quotedText>”, and by inserting after “<quotedText>dental</quotedText>” the following: “<quotedText>or podiatric</quotedText>”.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">supplemental loans</inline></heading> <num value="313"><inline class="smallCaps">Sec.</inline> 313.</num> <content>Section 241 of the National Housing Act is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–6">12 USC 1715z–6.</ref></p></sidenote> adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Notwithstanding the foregoing, the Secretary may insure a loan for improvements or additions to a multifamily housing project, or a group practice or medical practice facility or hospital or other health facility approved by the Secretary, which is not covered by a mortgage insured under this Act, if he finds that such a loan would assist in preserving, expanding, or improving housing opportunities, or in providing protection against fire or other hazards. Such loans shall have a maturity satisfactory to the Secretary and shall meet such other conditions as the Secretary may prescribe. In no event shall such a loan be insured if it is for an amount in excess of the maximum amount which could be approved if the outstanding indebtedness, if any, covering the property were a mortgage insured under this Act.”</content></subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mortgage insurance for land development</inline></heading> <num value="314"><inline class="smallCaps">Sec.</inline> 314.</num> <content>The first sentence of section 1002(c) of the National Housing Act is amended to read as follows: “<quotedText>The principal obligation of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749bb">12 USC 1749bb.</ref></p></sidenote> the mortgage shall not exceed the sum of 80 per centum of the Secretary’s estimate of the value of the land before development and 90 per centum of his estimate of the cost of such development.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">sales to cooperatives</inline></heading> <num value="315"><inline class="smallCaps">Sec.</inline> 315.</num> <content>Title II of the National Housing Act (as amended by sections 307 and 308 of this Act) is amended by adding at the end thereof the following: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“sale of acquired property to cooperatives</inline></heading> <num value="246"><inline class="smallCaps">“Sec.</inline> 246.</num> <content>In any case in which the Secretary sells a multifamily <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–11">12 USC 1715z–11.</ref></p></sidenote> housing project acquired as the result of a default on a mortgage which was insured under this Act to a cooperative which will operate <page identifier="/us/stat/88/685">88 <inline class="smallCaps">Stat.</inline> 685</page> it on a nonprofit basis and restrict permanent occupancy of its dwellings to members, the Secretary may accept a purchase money mortgage in a principal amount equal to the sum of (1) the appraised value of the property at the time of purchase, which value shall be based upon a mortgage amount on which the debt service can be met from the income of the property when operated on a nonprofit basis after payment of all operating expenses, taxes, and required reserves, and (2) the amount of prepaid expenses and costs involved in achieving cooperative ownership. Prior to such disposition of a project, funds may be expended by the Secretary for necessary repairs and improvements.”</content></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">extension of regular fha insurance programs</inline></heading> <num value="316"><inline class="smallCaps">Sec.</inline> 316.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 2(a) of the National Housing Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1703">12 USC 1703.</ref></p></sidenote> by striking out “<quotedText>October 1, 1974</quotedText>” in the first sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 217 of such Act is amended by striking out “<quotedText>October 1, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715h">12 USC 1715h.</ref></p></sidenote> 1974</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 221(f) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote> 1, 1974</quotedText>” in the fifth sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 809(f) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1748h–1">12 USC 1748h–1.</ref></p></sidenote> 1, 1974</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 810(k) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1748h–2">12 USC 1748h–2.</ref></p></sidenote> 1, 1974</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 1002(a) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749bb">12 USC 1749bb.</ref></p></sidenote> 1, 1974</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>Section 1101(a) of such Act is amended by striking out “<quotedText>October <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aaa">12 USC 1749aaa.</ref></p></sidenote> 1, 1974</quotedText>” in the second sentence and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">extension of flexible interest rate authority</inline></heading> <num value="317"><inline class="smallCaps">Sec.</inline> 317.</num> <content>Section 3(a) of the Act entitled “An Act to amend chapter 37 of title 38 of the United States Code with respect to the veterans’ <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t38/s1801">38 USC 1801</ref> <i>et seq.</i></p></sidenote> home loan program, to amend the National Housing Act with respect to interest rates on insured mortgages, and for other purposes”, approved May 7, 1968, as amended (12 U.S.C. 1709–1), is amended by striking out “<quotedText>October 1, 1974</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mortgage insurance in military impacted areas</inline></heading> <num value="318"><inline class="smallCaps">Sec.</inline> 318.</num> <content>Section 238 of the National Housing Act is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–3">12 USC 1715z–3.</ref></p></sidenote> adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Special Risk Insurance Fund may be used by the Secretary for carrying out the mortgage insurance obligations of sections 203 and 207 to provide housing for military personnel, Federal civilian employees, and Federal contractor employees assigned to duty or employed at or in connection with any installation of the Armed Forces of the United States in federally impacted areas where, in the judgment of the Secretary (1) the residual housing requirements for persons not associated with such installations are insufficient to sustain the housing market in the event of substantial curtailment of employment of personnel assigned to such installations, and (2) the benefits to be derived from such use outweigh the risk of possible cost to the Government.”</content></subsection> </quotedContent> </content> </section> <page identifier="/us/stat/88/686">88 <inline class="smallCaps">Stat.</inline> 686</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment to make public housing agencies eligible as mortgagors under section 221</inline>(d)<inline class="smallCaps">(3) of the national housing act</inline></heading> <num value="319"><inline class="smallCaps">Sec.</inline> 319.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 221(d)(3) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i>.</ref></p></sidenote> amended by striking out “<quotedText>(and which certifies that it is not receiving financial assistance from the United States exclusively pursuant to the United States Housing Act of 1937)</quotedText>” and inserting in lieu thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1430">42 USC 1430.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1408">42 USC 1408.</ref></p></sidenote> “<quotedText>(and, except with respect to a project assisted or to be assisted pursuant to section 8 of the United States Housing Act of 1937, which certifies that it is not receiving financial assistance from the United States exclusively pursuant to such Act)</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>With respect to any obligation secured by a mortgage which is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715l">12 USC 1715<i>l</i></ref> note.</p></sidenote> insured under section 221(d)(3) of the National Housing Act and issued by a public agency as mortgagor in connection with the financing of a project assisted under section 8 of the United States Housing Act of 1937, the interest paid on such obligation shall be included in gross income for purposes of chapter 1 of the Internal Revenue Code of 1954.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1408">42 USC 1408.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote></subsection> </section> <num value="IV">TITLE IV—</num><heading class="inline">COMPREHENSIVE PLANNING</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">comprehensive planning</inline></heading> <num value="401"><inline class="smallCaps">Sec.</inline> 401.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 701(a) of the Housing Act of 1954 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s461">40 USC 461.</ref></p></sidenote> amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>State planning agencies</quotedText>” in paragraph (1) and inserting in lieu thereof “<quotedText>States</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the numbered paragraphs following paragraph (1) and inserting in lieu thereof the following: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>States for State, interstate, metropolitan, district, or regional activities which may be assisted under this section;</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>cities (including the District of Columbia) having populations of at least 50,000 according to the latest decennial census for local activities which may be assisted under this section;</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>urban counties as defined under title I of the Housing and Community Development Act of 1974;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 633.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">“(5)</num> <content>the areawide organization in any metropolitan area which is formally charged with carrying out the provisions of section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 and section 401 of the Intergovernmental Cooperation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3334">42 USC 3334.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4231">42 USC 4231.</ref></p></sidenote> Act of 1968: <proviso><i>Provided</i>, That any such areawide organization, to the extent practicable, shall be composed of or responsible to the elected officials of the unit or units of general local government for the jurisdictions of which they are empowered to carry out the provisions of such Acts;</proviso> and</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">“(6)</num> <content>Indian tribal groups or bodies; and</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">“(7)</num> <content>other governmental units or agencies having special planning needs related to the purposes of this section, including but not limited to interstate regional planning commissions, and units or agencies for disaster areas, federally impacted areas, and local development districts, to the extent these needs cannot otherwise be adequately met.”; and</content></paragraph> </quotedContent></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out the part which follows the numbered paragraphs and inserting in lieu thereof the following: <quotedContent> <subsection class="firstIndent0 fontsize10"><content>“Activities assisted under this section shall, to the maximum extent feasible, cover entire areas having common or related development problems. The Secretary shall encourage cooperation in preparing and carrying out plans among all interested municipalities, political subdivisions, public agencies, and other parties in order to achieve coordinated development of entire areas. To the maximum extent feasible, <page identifier="/us/stat/88/687">88 <inline class="smallCaps">Stat.</inline> 687</page> pertinent plans and studies already made for areas shall be utilized so as to avoid unnecessary repetition of effort and expense.”</content></subsection> </quotedContent> </content> </paragraph> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 701 of such Act is further amended by striking out all <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s461">40 USC 461.</ref></p></sidenote> that follows subsection (a) and inserting in lieu thereof the following: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Activities which may be assisted under this section include those necessary (1) to develop and carry out a comprehensive plan as part of an ongoing planning process, (2) to develop and improve the management capability to implement such plan or part thereof or related plans or planning, and (3) to develop a policy-planning-evaluation capacity so that the recipient may more rationally (A) determine its needs, (B) set long-term goals and short-term objectives, (C) devise programs and activities to meet these goals and objectives, and (D) evaluate the progress of such programs in accomplishing those goals and objectives. Activities assisted under this section shall be carried out by professionally competent persons.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <chapeau>Each recipient of assistance under this section shall carry out an ongoing comprehensive planning process which shall make provision for citizen participation pursuant to regulations of the Secretary where major plans, policies, priorities, or objectives are being determined. The process shall involve development and subsequent modifications of a comprehensive plan which shall be reviewed at least biennially for necessary or desirable amendments. Any such plan shall include, as a minimum, each of the following elements:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>A housing element which shall take into account all available evidence of the assumptions and statistical bases upon which the projection of zoning, community facilities, and population growth is based, so that the housing needs of both the region and the local communities studied in the planning will be adequately covered in terms of existing and prospective population growth. The development and formulation of State and local goals pursuant to title XVI of the Housing and Urban Development Act of 1968 shall be a part of such a housing element.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441a">42 USC 1441a.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>A land-use element which shall include (A) studies, criteria, standards, and implementing procedures necessary for effectively guiding and controlling major decisions as to where growth shall take place within the recipient’s boundaries, and (B) as a guide for governmental policies and activities, general plans with respect to the pattern and intensity of land use for residential, commercial, industrial, and other activities.</content></paragraph> <continuation class="indent0 fontsize10">Each of the elements set forth above shall specify (i) broad goals and annual objectives (in measurable terms wherever possible), (ii) programs designed to accomplish these objectives, and (iii) procedures, including criteria set forth in advance, for evaluating programs and activities to determine whether they are meeting objectives. Such elements shall be consistent with each other and consistent with stated national growth policy.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <chapeau>After an initial application for assistance under this section has been approved, the Secretary may make grants on an annual basis, if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>the applicant submits to the Secretary annually a description of its work program designed to meet objectives for the next succeeding one-year period and setting forth any changes the applicant intends to undertake to achieve better progress; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>the applicant submits to the Secretary biennially (A) an evaluation of the progress made by it during the previous two years in meeting objectives set forth in its plan, and (B) a description of any changes in the plan’s goals or objectives.</content></paragraph> <page identifier="/us/stat/88/688">88 <inline class="smallCaps">Stat.</inline> 688</page> <continuation class="indent0 fontsize10">The Secretary shall make no grant after three years from the date of enactment of the Housing and Community Development Act of 1974, to any applicant (other than an applicant described in paragraph (6) or (7) of subsection (a)), unless the Secretary is satisfied that the comprehensive planning being carried out by the applicant includes the elements specified in paragraphs (1) and (2) of subsection (c).</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>A grant made under this section shall not exceed two-thirds <sidenote><p class="indent0 firstIndent1 fontsize8">Grant, cost limitation.</p> <p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> of the estimated cost of the work for which the grant is made. There are authorized to be appropriated for the purposes of this section not to exceed $130,000,000 for the fiscal year 1975, and not to exceed $150,000,000 for the fiscal year 1976. Of the funds appropriated under this section, not to exceed an aggregate of $10,000,000 plus 5 per centum of the funds so appropriated may be used by the Secretary for studies, research, and demonstration projects, undertaken independently or by contract, for the development and improvement of techniques and methods for comprehensive planning and for the advancement of the purposes of this section, and for grants to assist in the conduct of studies and research relating to needed revisions in State statutes which create, govern, or control local governments and local governmental operations.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>It is the further intent of this section to encourage comprehensive planning on a unified basis for States, cities, counties, metropolitan areas, districts, regions, and Indian reservations and the establishment and development of the organizational units needed therefor. In extending financial assistance under this section, the Secretary may require such assurances as he deems adequate that the appropriate State and local agencies are making reasonable progress in the development of the elements of comprehensive planning. The Secretary is authorized by contract, grant, or otherwise to provide technical assistance to State and local governments, and interstate and regional combinations thereof, to Indian tribal bodies, and to governmental units or agencies described in subsection (a)(7), undertaking such planning and, by contract or otherwise, to make studies and publish information on comprehensive planning and related management problems.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>The consent of the Congress is hereby given to any two or more States to enter into agreements or compacts, not in conflict with any law of the United States, cooperative effort and mutual assistance in the comprehensive planning for the growth and development of interstate, metropolitan, or other urban areas, and to establish such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts.</content></subsection> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>In addition to the planning grants authorized by subsection (a), the Secretary is further authorized to make grants to organizations composed of public officials representative of the political jurisdictions within the metropolitan area, region, or district involved for the purpose of assisting such organizations to undertake studies, collect data, develop metropolitan, regional, and district plans and programs, and engage in such other activities, including implementation of such plans, as the Secretary finds necessary or desirable for the solution of the metropolitan, regional, or district problems in such areas, regions, or districts. To the maximum extent feasible, all grants under this subsection shall be for activities relating to all the developmental aspects of the total metropolitan area, region, or district including, but not limited to, land use, transportation, housing, economic development, natural resources development, community facilities, and the general improvement of living environments.</content></subsection> <page identifier="/us/stat/88/689">88 <inline class="smallCaps">Stat.</inline> 689</page> <subsection class="indent0 fontsize10"><num value="i">“(i)</num> <content>In addition to the other grants authorized by this section, the Secretary is authorized to make grants to assist any city, other municipality, or county in making a survey of the structures and sites in the locality which are determined by its appropriate authorities to be of historic or architectural value. Any such survey shall be designed to identify the historic structures and sites in the locality, determine the cost of their rehabilitation or restoration, and provide such other information as may be necessary or appropriate to serve as a foundation for a balanced and effective program of historic preservation in such locality. The aspects of any such survey which relate to the identification of historic and architectural values shall be conducted in accordance with criteria found by the Secretary to be comparable to those used in establishing the national register maintained by the Secretary of the Interior under other provisions of law; and the results of each such survey shall be made available to the Secretary of the Interior. A grant under this subsection shall be made to the appropriate agency or entity specified in paragraphs (1) through (6) of subsection (a) or, if there is no such agency or entity which is qualified and willing to receive the grant and provide for its utilization in accordance with this subsection, directly to the city, other municipality, or county involved.</content></subsection> <subsection class="indent0 fontsize10"><num value="j">“(j)</num> <content>Grants made under this section may be used, subject to regulations and conditions prescribed by the Secretary, for any activities made eligible by the provisions of this section; but such regulations shall provide that grant assistance shall not be used to defray the cost of the acquisition, construction, repair, or rehabilitation of, or the preparation of engineering drawings or similar detailed specifications for, specific housing, capital facilities, or public works projects.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">“(k)</num> <content>The Secretary shall consult with the heads of other Federal departments and agencies having responsibilities related to the purposes of this section, including responsibilities connected with the economic development of rural and depressed areas and the protection and enhancement of the Nation’s natural environment, with respect to (1) general standards, policies, and procedures to be followed in the administration of this section, and (2) particular grant actions or approvals which the Secretary believes to be of special interest or concern to one or more of such departments and agencies.</content></subsection> <subsection class="indent0 fontsize10"><num value="l">“(l)</num> <content>Funds made available under any Federal assistance program for projects or activities, approved as part of or in furtherance of a planning program or related management activities assisted under this section, may be used jointly with funds made available for such projects or activities under any other Federal assistance program, subject to regulations prescribed by the President. Such regulations may include provisions for common technical or administrative requirements where varying or conflicting provisions of law or regulations would otherwise apply, for establishing joint management funds and common non-Federal shares, and for special agreements or delegations of authority, among different Federal agencies in connection with the supervision or administration of assistance. Such regulations shall in any case include appropriate criteria and procedures to assure that any special authorities conferred, which are not otherwise provided for by law, shall be employed only as necessary to promote effective and efficient administration and in a manner consistent with the protection of the Federal interest and program purposes or statutory requirements of a substantive nature. For purposes of this subsection, the term ‘Federal <sidenote><p class="indent0 firstIndent1 fontsize8">“Federal assistance program.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4201">42 USC 4201</ref> note.</p></sidenote> assistance program’ has the same meaning as in the Intergovernmental Cooperation Act of 1968.</content></subsection> <page identifier="/us/stat/88/690">88 <inline class="smallCaps">Stat.</inline> 690</page> <subsection class="indent0 fontsize10"><num value="m">“(m)</num> <chapeau>As used in this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>The term ‘metropolitan area’ means a standard metropolitan statistical area, as established by the Office of Management and Budget, subject, however, to such modifications or extensions as the Secretary deems to be appropriate for the purposes of this section.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>The term ‘region’ includes (A) all or part of the area of jurisdiction of one or more units of general local government, and (B) one or more metropolitan areas.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>The term ‘district’ includes all or part of the area of jurisdiction of (A) one or more counties, and (B) one or more other units of general local government, but does not include any portion of a metropolitan area.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <chapeau>The term ‘comprehensive planning’ includes the following:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>preparation, as a guide for governmental policies and action, of general plans with respect to (i) the pattern and intensity of land use, (ii) the provision of public facilities (including transportation facilities) and other government services, and (iii) the effective development and utilization of human and natural resources;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>identification and evaluation of area needs (including housing, employment, education, and health) and formulation of specific programs for meeting the needs so identified;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>surveys of structures and sites which are determined by the appropriate authorities to be of historic or architectural value;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>long-range physical and fiscal plans for such action;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>programming of capital improvements and other major expenditures, based on a determination of relative urgency, together with definite financing plans for such expenditures in the earlier years of the program;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">“(F)</num> <content>coordination of all related plans and activities of the State and local governments and agencies concerned; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">“(G)</num> <content>preparation of regulatory and administrative measures in support of the foregoing.</content></subparagraph> <continuation class="indent0 fontsize10">Comprehensive planning for the purpose of districts shall not include planning for or assistance to establishments in relocating from one area to another or assist contractors or subcontractors whose purpose is to divest, or whose economic success is dependent upon divesting, other contractors or subcontractors of contracts theretofore customarily performed by them. The limitation set forth in the preceding sentence shall not be construed to prohibit assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary of such entity, if the Secretary finds that the establishment of such branch, affiliate, or subsidiary will not result in an increase in unemployment in the area of original location or in any other area where such entity conducts business operations, unless the Secretary has reason to believe that such branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where it conducts such operations.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="n">“(n)</num> <content>In carrying out the provisions of this section relating to planning for States, regions, or other multijurisdictional areas whose development has significance for purposes of national growth and urban development objectives, the Secretary shall encourage the formulation of plans and programs which will include the studies, criteria, standards, and implementing procedures necessary for effectively guiding and controlling major decisions as to where growth should <page identifier="/us/stat/88/691">88 <inline class="smallCaps">Stat.</inline> 691</page> take place within such States, regions, or areas. Such plans and programs shall take account of the availability of and need for conserving land and other irreplaceable natural resources; of projected changes in size, movement, and composition of population; of the necessity for expanding housing and employment opportunities; of the opportunities, requirements, and possible locations for new communities and large-scale projects for expanding or revitalizing existing communities; and of the need for methods of achieving modernization, simplification, and improvements in governmental structures, systems, and procedures related to growth objectives. If the Secretary determines that activities otherwise eligible for assistance under this section are necessary to the development or implementation of such plans and programs, he may make grants in support of such activities to any governmental agency or organization of public officials which he determines is capable of carrying out the planning work involved in an effective and efficient manner and may make such grants in an amount equal to not more than 80 per centum of the cost of such activities.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 703 of such Act is amended by striking out “<quotedText>and</quotedText>” in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s460">40 USC 460.</ref></p></sidenote> clause (1), and by inserting “<quotedText>, and the Trust Territory of the Pacific Islands</quotedText>” immediately before the semicolon at the end of such clause.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">training and fellowship programs</inline></heading> <num value="402"><inline class="smallCaps">Sec.</inline> 402.</num> <subsection class="inline"><num value="a">(a)</num> <content>Section 801(b) of the Housing and Urban Development Act of 1964 is amended to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s801">20 USC 801.</ref></p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>It is the purpose of this title to provide fellowships for the graduate training of professional city and regional planning, management, and housing specialists, and professionally trained personnel with a general capacity in urban affairs and problems: to make grants to and contracts with institutions of higher education (or combinations of such institutions) to assist them in planning, developing, strengthening, improving, or carrying out programs or projects for the preparation of graduate or professional students to enter the public service; and to assist and encourage the States and localities, in cooperation with public and private universities and colleges and urban centers and with business firms and associations, labor unions, and other interested associations and organizations, to (1) organize, initiate, develop, and expand programs which will provide special training in skills needed for economic and efficient community development to those technical, professional, and other persons with the capacity to master and employ such skills who are, or are training to be, employed by a governmental or public body which has responsibility for community development, or by a private nonprofit organization which is conducting or has responsibility for housing and community development programs, and (2) support State and local research that is needed in connection with housing programs and needs, public improvement programming, code problems, efficient land use, urban transportation, and similar community development problems.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 802(a) of such Act is amended to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s802">20 USC 802.</ref></p></sidenote> <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <content>The Secretary is authorized to provide fellowships for the graduate training of professional city planning, management, and housing specialists, and other persons who wish to develop a general capacity in urban affairs and problems as herein provided. Persons shall be selected for such fellowships solely on the basis of ability and upon the recommendation of the Urban Studies Fellowship Advisory Board established pursuant to subsection (b). Fellowships shall be solely for training in public and private nonprofit institutions of higher education having programs of graduate study in the field of city planning or in related fields (including architecture, civil engi-<page identifier="/us/stat/88/692">88 <inline class="smallCaps">Stat.</inline> 692</page>neering, economics, municipal finance, public administration, urban affairs, and sociology) which programs are oriented to training for careers in city and regional planning, housing, urban renewal, and community development.”</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Title VIII of such Act is further amended (1) by redesignating <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s801">20 USC 801.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s804">20 USC 804.</ref></p></sidenote> sections 804 through 807 as sections 805 through 808, respectively, and (2) by inserting after section 803 a new section as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“project grants and contracts</inline></heading> <num value="804"><inline class="smallCaps">“Sec.</inline> 804.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to make grants to or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s803a">20 USC 803a.</ref></p></sidenote> contracts with institutions of higher education, or combinations of such institutions, to assist them in planning, developing, strengthening, improving, or carrying out programs or projects (1) for the preparation of graduate or professional students in the fields of city and regional planning and management, housing, and urban affairs, or (2) for research into, or development or demonstration of, improved methods of education for these professions. Such grants or contracts may include payment of all or part of the cost of programs or projects.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">A grant or contract authorized by this section shall be made only upon application to the Secretary at such time or times and containing such information as he may prescribe, except that no such application shall be approved unless it—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>sets forth programs, activities, research, or development for which a grant is authorized under this section;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this subsection; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>provides for making such reports, in such form and containing such information, as the Secretary may require to carry out his functions under this subsection, and for keeping such records and for affording such access thereto as the Secretary may find necessary to assure the correctness and verification of such reports.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Payments under this section may be used, in accordance with regulations of the Secretary, and subject to the terms and conditions set forth in an application approved under paragraph (1), to pay part of the compensation of students employed in professions referred to in subsection (a)(1), except students employed in any branch of the Government of the United States, as part of a program for which a grant has been approved pursuant to this subsection.”</content></paragraph></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 807 of such Act (as redesignated by subsection (c) of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s806">20 USC 806.</ref></p></sidenote> this section) is amended by inserting before the period at the end of the first sentence a comma and the following: “<quotedText>which amount shall be increased by $8,500,000 on July 1, 1974, and by $8,500,000 on July 1, 1975</quotedText>”.</content></subsection> </section> <num value="V">TITLE V—</num><heading class="inline">RURAL HOUSING</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">inclusion of united states territories and trust territory of the pacific islands</inline></heading> <num value="501"><inline class="smallCaps">Sec.</inline> 501.</num> <content>Section 501(a)(1) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote> by striking out “<quotedText>Puerto Rico and the Virgin Islands</quotedText>” and inserting in lieu thereof the following: “<quotedText>the Commonwealth of Puerto Rico, the Virgin Islands, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands</quotedText>”.</content> </section> <page identifier="/us/stat/88/693">88 <inline class="smallCaps">Stat.</inline> 693</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">refinancing of indebtedness for certain eligible applicants</inline></heading> <num value="502"><inline class="smallCaps">Sec.</inline> 502.</num> <chapeau>Section 501 (a) (4) of the Housing Act of 1949 is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by adding after the comma at the end of clause (B) the following: “<quotedText>or, if combined with a loan for improvement, rehabilitation, or repairs and not refinanced, is likely to cause a hardship for the applicant, and</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>striking out clauses (C) and (D) and inserting in lieu thereof the following: <quotedContent> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>was incurred by the applicant at least five years prior to his applying for assistance under this title.”.</content></subparagraph> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">loans to leasehold owners under all rural housing programs</inline></heading> <num value="503"><inline class="smallCaps">Sec.</inline> 503.</num> <content>Section 501 (b) (2) of the Housing Act of 1949 is amended by striking out “<quotedText>sections 502 and 504</quotedText>” and inserting in lieu thereof “<quotedText>this title</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">rehabilitation loans and grants</inline></heading> <num value="504"><inline class="smallCaps">Sec.</inline> 504.</num> <content>Section 504 (a) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1474">42 USC 1474.</ref></p></sidenote> to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num> <content>In the event the Secretary determines that an eligible applicant cannot qualify for a loan under the provisions of sections 502 and 503 and that repairs or improvements should be made to a rural dwelling occupied by him in order to make such dwelling safe and sanitary and remove hazards to the health of the occupant, his family, or the community, and that repairs should be made to farm buildings in order to remove hazards and make such buildings safe, the Secretary may make a grant or a combined loan and grant to the applicant to cover the cost of improvements or additions, such as repairing roofs, providing toilet facilities, providing a convenient and sanitary water supply, supplying screens, repairing or providing structural supports, or making similar repairs, additions, or improvements, including all preliminary and installation costs in obtaining central water and sewer service. No assistance shall be extended to any one individual under this subsection in the form of a loan, grant, or combined loan and grant in excess of $5,000. Any portion of the sums advanced to the borrower treated as a loan shall be secured and be repayable within twenty years in accordance with the principles and conditions set forth in this title, except that a loan for less than $2,500 need be evidenced only by a promissory note. Sums made available by grant may be made subject to the conditions set forth in this title for the protection of the Government with respect to contributions made on loans made by the Secretary.”.</content></subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">escrow accounts for taxes, insurance, and other expenses</inline></heading> <num value="505"><inline class="smallCaps">Sec.</inline> 505.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 501 of the Housing Act of 1949 is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote> adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>The Secretary may establish procedures whereby borrowers under this title may make periodic payments for the purpose of taxes, insurance, and such other necessary expenses as the Secretary may deem appropriate. Such payments shall be held in escrow by the Secretary and paid out by him at the appropriate time or times for the purposes for which such payments are made. The Secretary shall notify a borrower in writing when his loan payments are delinquent.”.</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The second sentence of section 502 (a) of such Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1472">42 USC 1472.</ref></p></sidenote> by inserting before the period at the end thereof the following: “<quotedText>and on the borrower preparing to the Secretary as escrow agent, on terms and conditions prescribed by him, such taxes, insurance, and other <page identifier="/us/stat/88/694">88 <inline class="smallCaps">Stat.</inline> 694</page> expenses as the Secretary may require in accordance with section 501(e)</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Section 517 of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>as it becomes due</quotedText>” in the first sentence of subsection (d);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>prepayment</quotedText>” and “<quotedText>prepayments</quotedText>” each place they appear in subsection (j)(1) and inserting in lieu thereof “<quotedText>payment</quotedText>” and “<quotedText>payments</quotedText>”, respectively; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by inserting before the semicolon at the end of subsection (j)(1) the following: “<quotedText>or until the next agreed annual or semi-annual remittance date</quotedText>”.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">research and study programs</inline></heading> <num value="506"><inline class="smallCaps">Sec.</inline> 506.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 506(d) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1476">42 USC 1476.</ref></p></sidenote> to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>The Secretary may carry out the research and study programs authorized by subsections (b) and (c) through grants made by him, on such terms, conditions, and standards as he may prescribe, to land-grant colleges established pursuant to the Act of July 2, 1862 (7 U.S.C. 301–308), or (upon a finding by the Secretary that the research and study involved cannot feasibly be performed through the personnel and facilities of the Department of Agriculture or by land-grant colleges) to such other private or public organizations as he may select.”.</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 506(e) of such Act is amended by striking out “<quotedText>farm housing</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>rural housing</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">veterans preference</inline></heading> <num value="507"><inline class="smallCaps">Sec.</inline> 507.</num> <chapeau>Section 507 of the Housing Act of 1949 is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1477">42 USC 1477.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting after “<quotedText>concurrent resolution of Congress</quotedText>” each place it appears a comma and the following: “<quotedText>or during the period beginning after January 31, 1955, and ending on August 4, 1964, or during the Vietnam era (as defined in section 101(29) of title 38, United States Code),</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>or era</quotedText>” before the period at the end of the third sentence.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">utilization of county committees</inline></heading> <num value="508"><inline class="smallCaps">Sec.</inline> 508.</num> <content>Section 508(b) of the Housing Act of 1949 is amended to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1478">42 USC 1478.</ref></p></sidenote> read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The committees utilized or appointed pursuant to this section may examine applications of persons desiring to obtain the benefits of section 501(a) (1) and (2) as they relate to the successful operation of a farm, and may submit recommendations to the Secretary with respect to each applicant as to whether the applicant is eligible to receive such benefits, whether by reason of his character, ability, and experience he is likely successfully to carry out undertakings required of him under a loan under such section, and whether the farm with respect to which the application is made is of such character that there is a reasonable likelihood that the making of the loan requested will carry out the purposes of this title. The committees may also certify to the Secretary with respect to the amount of any loan.”.</content></subsection> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">assistance authorization</inline></heading> <num value="509"><inline class="smallCaps">Sec.</inline> 509.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Clauses (b), (c), and (d) of section 513 of the Housing Act of 1949 are amended to read as follows: “<quotedText>(b) not to exceed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1483">42 USC 1483</ref>.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1474">42 USC 1474.</ref></p></sidenote> $80,000,000 for loans and grants pursuant to section 504 during the <page identifier="/us/stat/88/695">88 <inline class="smallCaps">Stat.</inline> 695</page> period beginning July 1, 1956, and ending June 30, 1977; (c) not to exceed $80,000,000 for financial assistance pursuant to section 516 for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1486">42 USC 1486.</ref></p></sidenote> the period ending June 30, 1977; (d) not to exceed $250,000 per year for research and study programs pursuant to subsections (b), (c), and (d) of section 506 during the period beginning July 1, 1961, and ending <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 694.</p></sidenote> June 30, 1974, and not to exceed $1,000,000 per year for such programs during the period beginning October 1, 1974, and ending June 30, 1977;</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Sections 515(b)(5) and 517(a)(1) of such Act are amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1485/s1487">42 USC 1485, 1487.</ref></p></sidenote> striking out “<quotedText>October 1, 1974</quotedText>” and inserting in lieu thereof “<quotedText>June 30, 1977</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">direct and insured loans to provide housing and related facilities for elderly persons and lower income families in rural areas</inline></heading> <num value="510"><inline class="smallCaps">Sec.</inline> 510.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 515(b)(1) of the Housing Act of 1949 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1485">42 USC 1485.</ref></p></sidenote> amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>$750,000 or</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>least</quotedText>” and inserting in lieu thereof “<quotedText>less</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 515(d)(4) of such Act is amended to read as follows: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="4">“(4)</num> <content>the term ‘development cost’ means the costs of constructing, <sidenote><p class="indent0 firstIndent1 fontsize8">“Development cost.”</p></sidenote> purchasing, improving, altering, or repairing new or existing housing and related facilities and purchasing and improving the necessary land, including necessary and appropriate fees and charges, and initial operating expenses up to 2 per centum of the aforementioned costs, approved by the Secretary. Such fees and charges may include payments of qualified consulting organizations or foundations which operate on a nonprofit basis and which render services or assistance to nonprofit corporations or consumer cooperatives who provide housing and related facilities for low or moderate income families.”</content></paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definition of rural area</inline></heading> <num value="511"><inline class="smallCaps">Sec.</inline> 511.</num> <content>Section 520 of the Housing Act of 1949 is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490">42 USC 1490.</ref></p></sidenote> inserting before the period at the end thereof a comma and the following: “<quotedText>or (3) has a population in excess of 10,000 but not in excess of 20,000, and (A) is not contained within a standard metropolitan statistical area, and (B) has a serious lack of mortgage credit, as determined by the Secretary and the Secretary of Housing and Urban Development</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mutual and self-help housing</inline></heading> <num value="512"><inline class="smallCaps">Sec.</inline> 512.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 523(b)(1) of the Housing Act of 1949 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490c">42 USC 1490c.</ref></p></sidenote> amended by inserting immediately before “<quotedText>; and</quotedText>” at the end thereof the following: “<quotedText>: <proviso><i>Provided</i>, That the Secretary may advance funds under this paragraph to organizations receiving assistance under clause (A) to enable them to establish revolving accounts for the purchase of land options and any such advances may bear interest at a rate determined by the Secretary and shall be repaid to the Secretary at the expiration of the period for which the grant to the organization involved was made</proviso></quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 523(f) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>1974</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>1977</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>$5,000,000</quotedText>” and inserting in lieu thereof “<quotedText>$10,000,000</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 523 of such Act is amended by adding at the end thereof the following new subsection: <page identifier="/us/stat/88/696">88 <inline class="smallCaps">Stat.</inline> 696</page> <quotedContent> <subsection class="indent0 fontsize10"><num value="h">“(h)</num> <content>The Secretary shall issue rules and regulations for the <sidenote><p class="indent0 firstIndent1 fontsize8">Rules and regulations.</p></sidenote> orderly processing and review of applications under this section and rules and regulations protecting the rights of grantees under this section in the event he determines to end grant assistance prior to the termination date of any grant agreement.”.</content></subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">site loans</inline></heading> <num value="513"><inline class="smallCaps">Sec.</inline> 513.</num> <content>The first sentence of section 524(a) of the Housing Act of 1949 is amended to read as follows: “<quotedText>The Secretary may make loans, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490d">42 USC 1490d.</ref></p></sidenote> on such terms and conditions and in such amounts he deems necessary, to public or private nonprofit organizations for the acquisition and development of land as building sites to be subdivided and sold to families, nonprofit organizations, public agencies, and cooperatives eligible for assistance under any section of this title or under any other law which provides financial assistance for housing low- and moderate-income families.</quotedText>”</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">rental assistance</inline></heading> <num value="514"><inline class="smallCaps">Sec.</inline> 514.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 521(a) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490a">42 USC 1490a.</ref></p></sidenote> by inserting “<quotedText>(1)</quotedText>” after “<quotedText>(a)</quotedText>”, and by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The Secretary may make and insure loans under this section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1484/s1485/s1487">42 USC 1484, 1485, 1487.</ref></p></sidenote> and sections 514, 515, and 517 to provide rental or cooperative housing and related facilities for persons and families of low income in multifamily housing projects, and may make, and contract to make, assistance payments to the owners of such rental housing in order to make available to low-income occupants of such housing rentals at rates commensurate to income and not exceeding 25 per centum of income. Such assistance payments shall be made on a unit basis and shall not be made for more than 20 per centum of the units in any one project, except that (i) when the project is financed by a loan under section 515 for elderly housing or by a loan under section 514 and a grant under section 516, such assistance may be made for up to 100 per centum of the units, and (ii) when the Secretary determines such action is necessary or feasible, he may make such payments with respect to more than 20 per centum of the units.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>The owner of any project assisted under this paragraph shall be required to provide at least annually a budget of operating expenses and record of tenants’ income which shall be used to determine the amount of assistance for each project.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>The project owner shall accumulate, safeguard, and periodically pay to the Secretary any rental charges collected in excess of basic rental charges as established by the Secretary in conformity with sub-paragraph (A). These funds may be credited to the appropriation and used by the Secretary for making such assistance payments through the end of the next fiscal year.”</content></subparagraph></paragraph></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 521(c) of such Act is amended to read as follows:<quotedContent> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>There shall be reimbursed to the Rural Housing Insurance Fund by annual appropriations (1) the amounts by which nonprincipal payments made from the fund during each fiscal year to the holders of insured loans described in subsection (a)(1) exceed interest due from the borrowers during each year, and (2) the amount of assistance payments described in subsection (a)(2). The Secretary may from time to time issue notes to the Secretary of the Treasury under section 517(h) to obtain amounts equal to such unreimbursed payments, pending the annual reimbursement by appropriation.”</content></subsection></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Section 517(j) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (2);</content></paragraph> <page identifier="/us/stat/88/697">88 <inline class="smallCaps">Stat.</inline> 697</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the period at the end of paragraph (3) and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="4">“(4)</num> <content>to make assistance payments authorized by section 521 (a)(2).”<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 696.</p></sidenote></content></paragraph> </quotedContent> </content> </paragraph> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">technical and supervisory assistance</inline></heading> <num value="515"><inline class="smallCaps">Sec.</inline> 515.</num> <content>Title V of the Housing Act of 1949 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“programs of technical and supervisory assistance for low-income families</inline></heading> <num value="525"><inline class="smallCaps">“Sec.</inline> 525.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary may make grants to or enter into contracts <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490e">42 USC 1490e.</ref></p></sidenote> with public or private nonprofit corporations, agencies, institutions, organizations, and other associations approved by him, to pay part or all of the cost of developing, conducting, administering or coordinating effective and comprehensive programs of technical and supervisory assistance which will aid needy low-income individuals and families in benefiting from Federal, State, and local housing programs in rural areas. In processing applications for such grants or contracts made by private nonprofit corporations, agencies, institutions, organizations, and other associations, the Secretary shall give preference to those which are sponsored (including assistance to the applicant in processing the application, implementing the technical assistance program, and carrying out the obligations of the grant or contract) by a State, county, municipality, or other governmental entity or public body.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary is authorized to make loans to public or private nonprofit corporations, agencies, institutions, organizations, and other associations approved by him for the necessary expenses, prior to construction, of planning, and obtaining financing for, the rehabilitation or construction of housing for low-income individuals or families under any Federal, State, or local housing program which is or could be used in rural areas. Such loans shall be made without interest and shall be for the reasonable costs expected to be incurred in planning, and in obtaining financing for, such housing prior to the availability of financing, including but not limited to preliminary surveys and analyses of market needs, preliminary site engineering and architectural fees, and construction loan fees and discounts. The Secretary shall require repayment of loans made under this subsection, under such terms and conditions as he may require, upon completion of the housing or sooner, and may cancel any part or all of such loan if he determines that it cannot be recovered from the proceeds of any permanent loan made to finance the rehabilitation or construction of the housing.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>There are authorized to be appropriated for the fiscal years <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> ending June 30, 1975, and June 30, 1976, not to exceed $5,000,000 for the purposes of subsection (a) and not to exceed $5,000,000 for the purposes of subsection (b). Any amounts so appropriated shall remain available until expended, and any amounts authorized for any fiscal year under this subsection but not appropriated may be appropriated for any succeeding fiscal year.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>All funds appropriated for the purpose of subsection (b) shall <sidenote><p class="indent0 firstIndent1 fontsize8">Low-income sponsor fund.</p></sidenote> be deposited in a fund which shall be known as the low-income sponsor fund, and which shall be available without fiscal year limitation and be administered by the Secretary as a revolving fund for carrying out the purposes of that subsection. Sums received in repayment of loans made under subsection (b) shall be deposited in such fund.”.</content></subsection></section> </quotedContent> </content> </section> <page identifier="/us/stat/88/698">88 <inline class="smallCaps">Stat.</inline> 698</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">condominium housing</inline></heading> <num value="516"><inline class="smallCaps">Sec.</inline> 516.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Title V of the Housing Act of 1949 (as amended by section 515 of this Act) is amended by adding at the end thereof the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 697.</p></sidenote> following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“condominium housing</inline></heading> <num value="526"><inline class="smallCaps">“Sec.</inline> 526.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized, in his discretion and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490f">42 USC 1490f.</ref></p></sidenote> upon such terms and conditions (substantially identical insofar as may be feasible with those specified in section 502) as he may prescribe, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 693.</p></sidenote> to make loans to persons and families of low or moderate income, and to insure and make commitments to insure loans made to persons and families of low or moderate income, to assist them in purchasing dwelling units in condominiums located in rural areas.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Any loan made or insured under subsection (a) shall cover a one-family dwelling unit in a condominium, and shall be subject to such provisions as the Secretary determines to be necessary for the maintenance of the common areas and facilities of the condominium project and to such additional requirements as the the Secretary deems appropriate for the protection of the consumer.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>In addition to individual loans made or insured under subsection (a) the Secretary is authorized, in his discretion and upon such terms and conditions (substantially identical insofar as may be feasible with those specified in section 515) as he may prescribe, to make or insure blanket loans to a borrower who shall certify to the Secretary, as a condition of obtaining such loan or insurance, that upon completion of the multifamily project the ownership of the project will be committed to a plan of family unit ownership under which (1) each family unit will be eligible for a loan or insurance under subsection (a), and (2) the individual dwelling units in the project will be sold only on a condominium basis and only to purchasers eligible for a loan or insurance under subsection (a). The principal obligation of any blanket loan made or insured under this subsection shall in no case exceed the sum of the individual amounts of the loans which could be made or insured with respect to the individual dwelling units in the project under subsection (a).</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>As used in this section, the term ‘condominium’ means a multi-unit <sidenote><p class="indent0 firstIndent1 fontsize8">“Condominium.”</p></sidenote> housing project which is subject to a plan of family unit ownership acceptable to the Secretary under which each dwelling unit is individually owned and each such owner holds an undivided interest in the common areas and facilities which serve the project.”</content></subsection></section> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 517(b) of such Act is amended by striking out “<quotedText>and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490d">42 USC 1490d.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> 524</quotedText>” and inserting in lieu thereof “<quotedText>524, and 526</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Section 521(a)(1) of such Act (as amended by section 514 (a) of this Act) is amended—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 696.</p></sidenote> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>and loans under section 515</quotedText>” and inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1485">42 USC 1485.</ref></p></sidenote> in lieu thereof “<quotedText>loans under section 515</quotedText>”; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by inserting after “<quotedText>elderly families,</quotedText>” the following: “<quotedText>and loans under section 526 to provide condominium housing for persons and families of low or moderate income,</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>Section 521(b) of such Act is amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>or 517(a)(1)</quotedText>” and inserting in lieu thereof “<quotedText>, 517(a)(1), or 526(a)</quotedText>”; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by inserting “<quotedText>or 526(c)</quotedText>” after “<quotedText>under section 515</quotedText>”.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 521(c) of such Act (as amended by section 514(b) of this Act) is amended by inserting “<quotedText>and section 526</quotedText>” after “<quotedText>section 517(h)</quotedText>”.</content></paragraph></subsection> </section> <page identifier="/us/stat/88/699">88 <inline class="smallCaps">Stat.</inline> 699</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">transfer of pre-1965 insured housing loans to the rural housing insurance fund</inline></heading> <num value="517"><inline class="smallCaps">Sec.</inline> 517.</num> <content>Section 517(b) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 698.</p></sidenote> by adding at the end thereof the following new sentences: “<quotedText>The notes held in the Agricultural Credit Insurance Fund (7 U.S.C. 1929) which evidence loans made or insured by the Secretary under section 514 or 515(b), the rights and liabilities of that Fund under insurance <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1484">42 USC 1484</ref>; <i>Ante,</i> p. 695.</p></sidenote> contracts relating to such loans held by insured investors, the mortgages securing the obligations of the borrowers under such loans held in that Fund or by insured investors, and all rights to subsequent collections on and proceeds of such notes, contracts, and mortgages, are hereby transferred to the Rural Housing Insurance Fund and for the purposes of this title and any other Act shall be subject to the provisions of this section as if created pursuant thereto. The Rural Housing Insurance Fund shall compensate the Agricultural Credit Insurance Fund for the aggregate unpaid principal balance plus accrued interest of the notes so transferred.</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mobile homes</inline></heading> <num value="518"><inline class="smallCaps">Sec.</inline> 518.</num> <content>Title V of the Housing Act of 1949 (as amended by sections 515 and 516(a) of this Act) is amended by adding at the end <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 697, 698.</p></sidenote> thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“mobile homes</inline></heading> <num value="527"><inline class="smallCaps">“Sec.</inline> 527.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">As used in this title, the term ‘housing’ shall, notwithstanding <sidenote><p class="indent0 firstIndent1 fontsize8">“Housing.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1490g">42 USC 1490g.</ref></p></sidenote> any other provision of this title and to the extent deemed practicable by the Secretary, include mobile homes and mobile home sites.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>With respect to mobile homes and mobile home sites financed under this title, the Secretary shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>prescribe minimum property standards to assure the livability and durability of the mobile home and the suitability of the site on which it is to be located, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>obtain assurances from the borrower that the mobile home will be placed on a site which complies with standards prescribed by the Secretary and with applicable local requirements.</content></paragraph> <continuation class="indent0 fontsize10">Loans under this title for the purchase of mobile homes and sites shall be made on the same terms and conditions as are applicable under section 2 of the National Housing Act to obligations financing <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 685.</p></sidenote> the purchase of mobile homes and lots on which to place such homes.”</continuation></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">contrast services and fees</inline></heading> <num value="519"><inline class="smallCaps">Sec.</inline> 519.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 506(a) of the Housing Act of 1949 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1476">42 USC 1476.</ref></p></sidenote> by striking out “<quotedText>, as may be required by the Secretary, by competent employees of the Secretary</quotedText>” and inserting in lieu thereof “<quotedText>as required by the Secretary</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 517(j)(3) of such Act is amended by inserting after <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1487">42 USC 1487.</ref></p></sidenote> “<quotedText>borrowers,</quotedText>” the following: “<quotedText>and other services customary in the industry, construction inspections, commercial appraisals, servicing of loans, and other related program services and expenses,</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">state and local agencies</inline></heading> <num value="520"><inline class="smallCaps">Sec.</inline> 520.</num> <content>Section 501(c) of the Housing Act of 1949 is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote> adding at the end thereof the following: “if an applicant is a State or local public agency— <page identifier="/us/stat/88/700">88 <inline class="smallCaps">Stat.</inline> 700</page> <quotedContent> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>the provisions of clause (3) shall not apply to its application; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the applicant shall be eligible to participate in any program under this title if the persons or families to be served by the applicant with the assistance being sought would be eligible to participate in such program.”</content></subparagraph> </quotedContent> </content> </section> <num value="VI">TITLE VI—</num><heading class="inline">NATIONAL MOBILE HOME CONSTRUCTION AND SAFETY STANDARDS</heading><sidenote><p class="indent0 firstIndent1 fontsize8">National Mobile Home Construction and Safety Standards Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">short title</inline></heading> <num value="601"><inline class="smallCaps">Sec.</inline> 601.</num> <content>This title may be cited as the “<shortTitle role="title">National Mobile Home Construction <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5401">42 USC 5401</ref> note.</p></sidenote> and Safety Standards Act of 1974</shortTitle>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">statement of purpose</inline></heading> <num value="602"><inline class="smallCaps">Sec.</inline> 602.</num> <content>The Congress declares that the purposes of this title are <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5401">42 USC 5401.</ref></p></sidenote> to reduce the number of personal injuries and deaths and the amount of insurance costs and property damage resulting from mobile home accidents and to improve the quality and durability of mobile homes. Therefore, the Congress determines that it is necessary to establish Federal construction and safety standards for mobile homes and to authorize mobile home safety research and development.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="603"><inline class="smallCaps">Sec.</inline> 603.</num> <chapeau>As used in this title, the term—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5402">42 USC 5402.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>“mobile home construction” means all activities relating to the assembly and manufacture of a mobile home including but not limited to those relating to durability, quality, and safety;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>“dealer” means any person engaged in the sale, leasing, or distribution of new mobile homes primarily to persons who in good faith purchase or lease a mobile home for purposes other than resale;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>“defect” includes any defect in the performance, construction, components, or material of a mobile home that renders the home or any part thereof not fit for the ordinary use for which it was intended;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>“distributor” means any person engaged in the sale and distribution of mobile homes for resale;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>“manufacturer” means any person engaged in manufacturing or assembling mobile homes, including any person engaged in importing mobile homes for resale;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>“mobile home” means a structure, transportable in one or more sections, which is eight body feet or more in width and is thirty-two body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>“Federal mobile home construction and safety standard” means a reasonable standard for the construction, design, and performance of a mobile home which meets the needs of the public including the need for quality, durability, and safety;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>“mobile home safety” means the performance of a mobile home in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design <page identifier="/us/stat/88/701">88 <inline class="smallCaps">Stat.</inline> 701</page> or construction of such mobile home, or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>“imminent safety hazard” means an imminent and unreasonable risk of death or severe personal injury;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>“purchaser” means the first person purchasing a mobile home in good faith for purposes other than resale;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>“Secretary” means the Secretary of Housing and Urban Development;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="12">(12)</num> <content>“State” includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="13">(13)</num> <content>“United States district courts” means the Federal district courts of the United States and the United States courts of the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and American Samoa.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">federal mobile home construction and safety standards</inline></heading> <num value="604"><inline class="smallCaps">Sec.</inline> 604.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary, after consultation with the Consumer <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5403">42 USC 5403.</ref></p></sidenote> Product Safety Commission, shall establish by order appropriate Federal mobile home construction and safety standards. Each such Federal mobile home standard shall be reasonable and shall meet the highest standards of protection, taking into account existing State and local laws relating to mobile home safety and construction.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>All orders issued under this section shall be issued after notice <sidenote><p class="indent0 firstIndent1 fontsize8">Notice.</p></sidenote> and an opportunity for interested persons to participate are provided in accordance with the provisions of section 553 of title 5, United States Code.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Each order establishing a Federal mobile home construction and <sidenote><p class="indent0 firstIndent1 fontsize8">Standards, effective date.</p></sidenote> safety standard shall specify the date such standard is to take effect, which shall not be sooner than one hundred and eighty days or later than one year after the date such order is issued, unless the Secretary finds, for good cause shown, that an earlier or later effective date is in the public interest, and publishes his reasons for such finding.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Whenever a Federal mobile home construction and safety standard established under this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any mobile home covered, any standard regarding construction or safety applicable to the same aspect of performance of such mobile home which is not identical to the Federal mobile home construction and safety standard.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The Secretary may by order amend or revoke any Federal <sidenote><p class="indent0 firstIndent1 fontsize8">Amendment or revocation, effective date.</p></sidenote> mobile home construction or safety standard established under this section. Such order shall specify the date on which such amendment or revocation is to take effect, which shall not be sooner than one hundred and eighty days or later than one year from the date the order is issued, unless the Secretary finds, for good cause shown, than an earlier or later date is in the public interest, and publishes his reasons for such finding.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <chapeau>In establishing standards under this section, the Secretary shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>consider relevant available mobile home construction and safety data, including the results of the research, development, testing, and evaluation activities conducted pursuant to this title, and those activities conducted by private organizations and other governmental agencies to determine how to best protect the public;</content></paragraph> <page identifier="/us/stat/88/702">88 <inline class="smallCaps">Stat.</inline> 702</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>consult with such State or interstate agencies (including legislative committees) as he deems appropriate;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>consider whether any such proposed standard is reasonable for the particular type of mobile home or for the geographic region for which it is prescribed;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>consider the probable effect of such standard on the cost of the mobile home to the public; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>consider the extent to which any such standard will contribute to carrying out the purposes of this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>The Secretary shall issue an order establishing initial Federal mobile home construction and safety standards not later than one year after the date of enactment of this Act.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">national mobile home advisory council</inline></heading> <num value="605"><inline class="smallCaps">Sec.</inline> 605.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall appoint a National Mobile Home <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5404">42 USC 5404.</ref></p> <p class="indent0 firstIndent1 fontsize8">Appointment; membership.</p></sidenote> Advisory Council with the following composition: eight members selected from among consumer organizations, community organizations, and recognized consumer leaders; eight members from the mobile home industry and related groups including at least one representative of small business; and eight members selected from government agencies including Federal, State, and local governments. Appointments under this subsection shall be made without regard to the provisions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s101">5 USC 101</ref> <i>et seq.</i></p></sidenote> of title 5, United States Code, relating to appointments in the competitive service, classification, and General Schedule pay rates. The Secretary shall publish the names of the members of the Council annually and shall designate which members represent the general public.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary shall, to the extent feasible, consult with the <sidenote><p class="indent0 firstIndent1 fontsize8">Consultation.</p></sidenote> Advisory Council prior to establishing, amending, or revoking any mobile home construction or safety standard pursuant to the provisions of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Any member of the National Mobile Home Advisory Council <sidenote><p class="indent0 firstIndent1 fontsize8">Compensation.</p></sidenote> who is appointed from outside the Federal Government may be compensated at a rate not to exceed $100 per diem (including travel-time) when engaged in the actual duties of the Advisory Council. Such members, while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">judicial review of orders</inline></heading> <num value="606"><inline class="smallCaps">Sec.</inline> 606.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">In a case of actual controversy as to the validity <sidenote><p class="indent0 firstIndent1 fontsize8">Petition, filing.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5405">42 USC 5405.</ref></p></sidenote> of any order under section 604, any person who may be adversely affected by such order when it is effective may at any time prior to the sixtieth day after such order is issued file a petition with the United States court of appeals for the circuit wherein such person resides or has his principal place of business, for judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in section 2112 of title 28, United States Code.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If the petitioner applies to the court for leave to adduce additional <sidenote><p class="indent0 firstIndent1 fontsize8">Additional evidence.</p></sidenote> evidence, and shows to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Secretary, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Secretary, and to be adduced <page identifier="/us/stat/88/703">88 <inline class="smallCaps">Stat.</inline> 703</page> upon the hearing, in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Upon the filing of the petition referred to in paragraph (1) <sidenote><p class="indent0 firstIndent1 fontsize8">Jurisdiction.</p></sidenote> of this subsection, the court shall have jurisdiction to review the order in accordance with the provisions of sections 701 through 706 of title 5, United States Code, and to grant appropriate relief.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The judgment of the court affirming or setting aside, in whole or in part, any such order of the Secretary shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>Any action instituted under this subsection shall survive, notwithstanding <sidenote><p class="indent0 firstIndent1 fontsize8">Savings provision.</p></sidenote> any change in the person occupying the office of Secretary or any vacancy in such office.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The remedies provided for in this subsection shall be in addition to and not in substitution for any other remedies provided by law.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>A certified copy of the transcript of the record and proceedings <sidenote><p class="indent0 firstIndent1 fontsize8">Transcript, copies.</p></sidenote> under this section shall be furnished by the Secretary to any interested party at his request and payment of the costs thereof, and shall be admissible in any criminal, exclusion of imports, or other proceeding arising under or in respect of this title, irrespective of whether proceedings with respect to the order have previously been initiated or become final under subsection (a).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">public information</inline></heading> <num value="607"><inline class="smallCaps">Sec.</inline> 607.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Whenever any manufacturer is opposed to any action <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5406">42 USC 5406.</ref></p></sidenote> of the Secretary under section 604 or under any other provision of this title on the grounds of increased cost or for other reasons, the manufacturer shall submit such cost and other information (in such detail as the Secretary may by rule or order prescribe) as may be necessary in order to properly evaluate the manufacturer’s statement.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Such information shall be available to the public unless the manufacturer establishes that it contains a trade secret or that disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage. Notice of the availability of <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> such information shall be published promptly in the Federal Register. If the Secretary determines that any portion of such information contains a trade secret or that the disclosure of any portion of such information would put the manufacturer at a substantial competitive disadvantage, such portion may be disclosed to the public only in such manner as to preserve the confidentiality of such trade secret or in such combined or summary form so as not to disclose the identity of any individual manufacturer, except that any such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>If the Secretary proposes to establish, amend, or revoke a Federal <sidenote><p class="indent0 firstIndent1 fontsize8">Safety standard, amendment or revocation; publication in Federal Register.</p></sidenote> mobile home construction and safety standard under section 604 on the basis of information submitted pursuant to subsection (a), he shall publish a notice of such proposed action, together with the reasons therefor, in the Federal Register at least thirty days in advance of making a final determination, in order to allow interested parties an opportunity to comment.</content></subsection> <page identifier="/us/stat/88/704">88 <inline class="smallCaps">Stat.</inline> 704</page> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>For purposes of this section, “cost information” means information <sidenote><p class="indent0 firstIndent1 fontsize8">“Cost information.”</p></sidenote> with respect to alleged cost increases resulting from action by the Secretary, in such a form as to permit the public and the Secretary to make an informed judgment on the validity of the manufacturer’s statements. Such term includes both the manufacturer’s cost and the cost to retail purchasers.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Nothing in this section shall be construed to restrict the authority of the Secretary to obtain or require submission of information under any other provision of this title.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">research, testing, development, and training</inline></heading> <num value="608"><inline class="smallCaps">Sec.</inline> 608.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall conduct research, testing, development, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5407">42 USC 5407.</ref></p></sidenote> and training necessary to carry out the purposes of this title, including, but not limited to—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>collecting data from any source for the purpose of determining the relationship between mobile home performance characteristics and (A) accidents involving mobile homes, and (B) the occurrence of death, personal injury, or damage resulting from such accidents;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>procuring (by negotiation or otherwise) experimental and other mobile homes for research and testing purposes; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>selling or otherwise disposing of test mobile homes and reimbursing the proceeds of such sale or disposal into the current appropriation available for the purpose of carrying out this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Secretary is authorized to conduct research, testing, development, <sidenote><p class="indent0 firstIndent1 fontsize8">Grants.</p></sidenote> and training as authorized to be carried out by subsection (a) of this section by contracting for or making grants for the conduct of such research, testing, development, and training to States, interstate agencies, and independent institutions.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">cooperation with public and private agencies</inline></heading> <num value="609"><inline class="smallCaps">Sec.</inline> 609.</num> <chapeau>The Secretary is authorized to advise, assist, and cooperate <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5408">42 USC 5408.</ref></p></sidenote> with other Federal agencies and with State and other interested public and private agencies, in the planning and development of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>mobile home construction and safety standards; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>methods for inspecting and testing to determine compliance with mobile home standards.</content></paragraph></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibited acts</inline></heading> <num value="610"><inline class="smallCaps">Sec.</inline> 610.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No person shall—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5409">42 USC 5409.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>make use of any means of transportation or communication affecting interstate or foreign commerce or the mails to manufacture for sale, lease, sell, offer for sale or lease, or introduce or deliver, or import into the United States, any mobile home which is manufactured on or after the effective date of any applicable Federal mobile home construction and safety standard under this title and which does not comply with such standard, except as provided in subsection (b), where such manufacture, lease, sale, offer for sale or lease, introduction, delivery, or importation affects commerce;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>fail or refuse to permit access to or copying of records, or fail to make reports or provide information, or fail or refuse to permit entry or inspection, as required under section 614;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>fail to furnish notification of any defect as required by section 615;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>fail to issue a certification required by section 616, or issue a certification to the effect that a mobile home conforms to all <page identifier="/us/stat/88/705">88 <inline class="smallCaps">Stat.</inline> 705</page> applicable Federal mobile home construction and safety standards, if such person in the exercise of due care has reason to know that such certification is false or misleading in a material respect; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>fail to comply with a final order issued by the Secretary under this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Paragraph (1) of subsection (a) shall not apply to the sale, the offer for sale, or the introduction or delivery for introduction in interstate commerce of any mobile home after the first purchase of it in good faith for purposes other than resale.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For purposes of section 611, paragraph (1) of subsection (a) shall not apply to any person who establishes that he did not have reason to know in the exercise of due care that such mobile home is not in conformity with applicable Federal mobile home construction and safety standards, or to any person who, prior to such first purchase, holds a certificate issued by the manufacturer or importer of such mobile home to the effect that such mobile home conforms to all applicable Federal mobile home construction and safety standards, unless such person knows that such mobile home does not so conform.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>A mobile home offered for importation in violation of paragraph <sidenote><p class="indent0 firstIndent1 fontsize8">Importation, regulations.</p></sidenote> (1) of subsection (a) shall be refused admission into the United States under joint regulations issued by the Secretary of the Treasury and the Secretary, except that the Secretary of the Treasury and the Secretary may, by such regulations, provide for authorizing the importation of such mobile home into the United States upon such terms and conditions (including the furnishing of a bond) as may appear to them appropriate to insure that any such mobile home will be brought into conformity with any applicable Federal mobile home construction or safety standard prescribed under this title, or will be exported from, or forfeited to, the United States.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary of the Treasury and the Secretary may, by joint regulations, permit the importation of any mobile home after the first purchase of it in good faith for purposes other than resale.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>Paragraph (1) of subsection (a) shall not apply in the case of a mobile home intended solely for export, and so labeled or tagged on the mobile home itself and on the outside of the container, if any, in which it is to be exported.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Compliance with any Federal mobile home construction or safety standard issued under this title does not exempt any person from any liability under common law.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">civil and criminal penalty</inline></heading> <num value="611"><inline class="smallCaps">Sec.</inline> 611.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Whoever violates any provision of section 610, or any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5410">42 USC 5410.</ref></p></sidenote> regulation or final order issued thereunder, shall be liable to the United States for a civil penalty of not to exceed $1,000 for each such violation. Each violation of a provision of section 610, or any regulation or order issued thereunder shall constitute, a separate violation with respect to each mobile home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1,000,000 for any related series of violations occurring within one year from the date of the first violation.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>An individual or a director, officer, or agent of a corporation who knowingly and willfully violates section 610 in a manner which threatens the health or safety of any purchaser shall be fined not more than $1,000 or imprisoned not more than one year, or both.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">jurisdiction and venue</inline></heading> <num value="612"><inline class="smallCaps">Sec.</inline> 612.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The United States district courts shall have jurisdiction, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5411">42 USC 5411.</ref></p></sidenote> for cause shown and subject to the provisions of rule 65 (a) and <page identifier="/us/stat/88/706">88 <inline class="smallCaps">Stat.</inline> 706</page> (b) of the Federal Rules of Civil Procedure, to restrain violations of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t28/app">28 USC app.</ref></p></sidenote> this title, or to restrain the sale, offer for sale, or the importation into the United States, of any mobile home which is determined, prior to the first purchase of such mobile home in good faith for purposes other than resale, not to conform to applicable Federal mobile home construction and safety standards prescribed pursuant to this title or to contain a defect which constitutes an imminent safety hazard, upon petition by the appropriate United States attorney or the Attorney General on behalf of the United States. Whenever practicable, the <sidenote><p class="indent0 firstIndent1 fontsize8">Notice.</p></sidenote> Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford him an opportunity to present his views and the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>In any proceeding for criminal contempt for violation of an <sidenote><p class="indent0 firstIndent1 fontsize8">Trial by court or jury.</p></sidenote> injunction or restraining order issued under this section, which violation also constitutes a violation of this title, trial shall be by the court or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/app">18 USC app.</ref></p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Actions under subsection (a) of this section and section 611 may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>In any action brought by the United States under subsection (a) of this section or section 611, subpenas by the United States for witnesses who are required to attend at United States district court may run into any other district.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>It shall be the duty of every manufacturer offering a mobile home for importation into the United States to designate in writing an agent upon whom service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made for and on behalf of such manufacturer, and to file such designation with the Secretary, which designation may from time to time be changed by like writing, similarly filed. Service of all administrative and judicial processes, notices, orders, decisions, and requirements may be made upon such manufacturer by service upon such designated agent at his office or usual place of residence with like effect as if made personally upon such manufacturer, and in default of such designation of such agent, service of process or any notice, order, requirement, or decision in any proceeding before the Secretary or in any judicial proceeding pursuant to this title may be made by mailing such process, notice, order, requirement, or decision to the Secretary by registered or certified mail.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">noncompliance with standards</inline></heading> <num value="613"><inline class="smallCaps">Sec.</inline> 613.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">If the Secretary or a court of appropriate jurisdiction <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5412">42 USC 5412.</ref></p></sidenote> determines that any mobile home does not conform to applicable Federal mobile home construction and safety standards, or that it contains a defect which constitutes an imminent safety hazard, after the sale of such mobile home by a manufacturer to a distributor or a dealer and prior to the sale of such mobile home by such distributor or dealer to a purchaser—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the manufacturer shall immediately repurchase such mobile home from such distributor or dealer at the price paid by such distributor or dealer, plus all transportation charges involved and a reasonable reimbursement of not less than 1 per centum per <page identifier="/us/stat/88/707">88 <inline class="smallCaps">Stat.</inline> 707</page> month of such price paid prorated from the date of receipt by certified mail of notice of such nonconformance to the date of repurchase by the manufacturer; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the manufacturer, at his own expense, shall immediately <sidenote><p class="indent0 firstIndent1 fontsize8">Parts, replacement and reimbursement for installation.</p></sidenote> furnish the purchasing distributor or dealer the required conforming part or parts or equipment for installation by the distributor or dealer on or in such mobile home, and for the installation involved the manufacturer shall reimburse such distributor or dealer for the reasonable value of such installation plus a reasonable reimbursement of not less than 1 per centum per month of the manufacturer’s or distributor’s selling price prorated from the date of receipt by certified mail of notice of such nonconformance to the date such vehicle is brought into conformance with applicable Federal standards, so long as the distributor or dealer proceeds with reasonable diligence with the installation after the required part or equipment is received.</content></paragraph> <continuation class="indent0 fontsize10">The value of such reasonable reimbursements as specified in paragraphs (1) and (2) of this subsection shall be fixed by mutual agreement of the parties, or, failing such agreement, by the court pursuant to the provisions of subsection (b).</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>If any manufacturer fails to comply with the requirements <sidenote><p class="indent0 firstIndent1 fontsize8">Noncompliance, court injunction.</p></sidenote> of subsection (a), then the distributor or dealer, as the case may be, to whom such mobile home has been sold may bring an action seeking a court injunction compelling compliance with such requirements on the part of such manufacturer. Such action may be brought in any district court in the United States in the district in which such manufacturer resides, or is found, or has an agent, without regard to the amount in controversy, and the person bringing the action shall also be entitled to recover any damage sustained by him, as well as all court costs plus reasonable attorneys’ fees. Any action brought pursuant <sidenote><p class="indent0 firstIndent1 fontsize8">Statute of limitations.</p></sidenote> to this section shall be forever barred unless commenced within three years after the cause of action shall have accrued.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">inspection of mobile homes and records</inline></heading> <num value="614"><inline class="smallCaps">Sec.</inline> 614.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to conduct such inspections <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5413">42 USC 5413.</ref></p></sidenote> and investigations as may be necessary to promulgate or enforce Federal mobile home construction and safety standards established under this title or otherwise to carry out his duties under this title. He shall furnish the Attorney General and, when appropriate, the Secretary of the Treasury any information obtained indicating noncompliance with such standards for appropriate action.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">For purposes of enforcement of this title, persons duly designated by the Secretary, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>to enter, at reasonable times and without advance notice, any factory, warehouse, or establishment in which mobile homes are manufactured, stored, or held for sale; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>to inspect, at reasonable times and within reasonable limits and in a reasonable manner, any such factory, warehouse, or establishment, and to inspect such books, papers, records, and documents as are set forth in subsection (c). Each such inspection shall be commenced and completed with reasonable promptness.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary is authorized to contract with State and local governments and private inspection organizations to carry out his functions under this subsection.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>For the purpose of carrying out the provisions of this title, the Secretary is authorized—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>to hold such hearings, take such testimony, sit and act <sidenote><p class="indent0 firstIndent1 fontsize8">Hearings.</p></sidenote> at such times and places, administer such oaths, and require, by <page identifier="/us/stat/88/708">88 <inline class="smallCaps">Stat.</inline> 708</page> subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records, as the Secretary or such officer or employee deems advisable. Witnesses <sidenote><p class="indent0 firstIndent1 fontsize8">Witness fees.</p></sidenote> summoned pursuant to this subsection shall be paid the same fees and mileage that are paid witnesses in the courts of the United States;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to examine and copy any documentary evidence of any person having materials or information relevant to any function of the Secretary under this title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>to require, by general or special orders, any person to file, in such form as the Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary under this title. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Secretary may prescribe;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>to request from any Federal agency any information he deems necessary to carry out his functions under this title, and each such agency is authorized and directed to cooperate with the Secretary and to furnish such information upon request made by the Secretary, and the head of any Federal agency is authorized to detail, on a reimbursable basis, any personnel of such agency to assist in carrying out the duties of the Secretary under this title; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>to make available to the public any information which may indicate the existence of a defect which relates to mobile home construction or safety or of the failure of a mobile home to comply with applicable mobile home construction and safety standards. The Secretary shall disclose so much of other information obtained under this subsection to the public as he determines will assist in carrying out this title; but he shall not (under the authority of this sentence) make available or disclose to the public any information which contains or relates to a trade secret or any information the disclosure of which would put the person furnishing such information at a substantial competitive disadvantage, unless he determines that it is necessary to carry out the purpose of this title. Nothing in this subsection shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Any of the district courts of the United States within the jurisdiction <sidenote><p class="indent0 firstIndent1 fontsize8">Violation, penalty.</p></sidenote> of which an inquiry is carried on may, in the case of contumacy or refusal to obey a subpena or order of the Secretary issued under paragraph (1) or paragraph (3) of subsection (e) of this section, issue an order requiring compliance therewith; and any failure to obey such order of the court may be punished by such court as a contempt thereof.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Each manufacturer of mobile homes shall submit the building <sidenote><p class="indent0 firstIndent1 fontsize8">Building plans, submittal to Secretary for approval.</p></sidenote> plans for every model of such mobile homes to the Secretary or his designee for the purpose of inspection under this section. The manufacturer must certify that each such building plan meets the Federal construction and safety standards in force at that time before the model involved is produced.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Each manufacturer, distributor, and dealer of mobile homes <sidenote><p class="indent0 firstIndent1 fontsize8">Records and reports, inspection.</p></sidenote> shall establish and maintain such records, make such reports, and provide such information as the Secretary may reasonably require to enable him to determine whether such manufacturer, distributor, or dealer has acted or is acting in compliance with this title and Federal mobile home construction and safety standards prescribed pursuant to this title and shall, upon request of a person duly designated by the Secretary, permit such person to inspect appropriate books, papers, records, and documents relevant to determining whether such manufacturer, distributor, or dealer has acted or is acting in compliance <page identifier="/us/stat/88/709">88 <inline class="smallCaps">Stat.</inline> 709</page> with this title and mobile home construction and safety standards prescribed pursuant to this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <chapeau>Each manufacturer of mobile homes shall provide to the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Performance and technical data.</p></sidenote> such performance data and other technical data related to performance and safety as may be required to carry out the purposes of this title. These shall include records of tests and test results which the Secretary may require to be performed. The Secretary is authorized to require the manufacturer to give notification of such performance and technical data to—</chapeau><sidenote><p class="indent0 firstIndent1 fontsize8">Notification to purchasers.</p></sidenote> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>each prospective purchaser of a mobile home before its first sale for purposes other than resale, at each location where any such manufacturer’s mobile homes are offered for sale by a person with whom such manufacturer has a contractual, proprietary, or other legal relationship and in a manner determined by the Secretary to be appropriate, which may include, but is not limited to, printed matter (A) available for retention by such prospective purchaser, and (B) sent by mail to such prospective purchaser upon his request; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the first person who purchases a mobile home for purposes other than resale, at the time of such purchase or in printed matter placed in the mobile home.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>All information reported to or otherwise obtained by the <sidenote><p class="indent0 firstIndent1 fontsize8">Information disclosure, exception.</p></sidenote> Secretary or his representative pursuant to subsection (b), (c), (f), or (g) which contains or relates to a trade secret, or which, if disclosed, would put the person furnishing such information at a substantial competitive disadvantage, shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">notification and correction of defects</inline></heading> <num value="615"><inline class="smallCaps">Sec.</inline> 615.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Every manufacturer of mobile homes shall furnish <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5414">42 USC 5414.</ref></p></sidenote> notification of any defect in any mobile home produced by such manufacturer which he determines, in good faith, relates to a Federal mobile home construction or safety standard or contains a defect which constitutes an imminent safety hazard to the purchaser of such mobile home, within a reasonable time after such manufacturer has discovered such defect.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The notification required by subsection (a) shall be accomplished—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by mail to the first purchaser (not including any dealer or distributor of such manufacturer) of the mobile home containing the defect, and to any subsequent purchaser to whom any warranty on such mobile home has been transferred;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by mail to any other person who is a registered owner of such mobile home and whose name and address has been ascertained pursuant to procedures established under subsection (f); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by mail or other more expeditious means to the dealer or dealers of such manufacturer to whom such mobile home was delivered.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The notification required by subsection (a) shall contain a clear <sidenote><p class="indent0 firstIndent1 fontsize8">Description.</p></sidenote> description of such defect or failure to comply, an evaluation of the risk to mobile home occupants’ safety reasonably related to such defect, and a statement of the measures needed to repair the defect. The notification shall also inform the owner whether the defect is a construction or safety defect which the manufacturer will have corrected <page identifier="/us/stat/88/710">88 <inline class="smallCaps">Stat.</inline> 710</page> at no cost to the owner of the mobile home under subsection (g) or otherwise, or is a defect which must be corrected at the expense of the owner.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Every manufacturer of mobile homes shall furnish to the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Communucations to dealers, copies to Secretary.</p></sidenote> a true or representative copy of all notices, bulletins, and other communications to the dealers of such manufacturer or purchasers of mobile homes of such manufacturer regarding any defect in any such mobile home produced by such manufacturer. The Secretary shall <sidenote><p class="indent0 firstIndent1 fontsize8">Information disclosure, exception.</p></sidenote> disclose to the public so much of the information contained in such notices or other information obtained under section 614 as he deems will assist in carrying out the purposes of this title, but he shall not disclose any information which contains or relates to a trade secret, or which, if disclosed, would put such manufacturer at a substantial competitive disadvantage, unless he determines that it is necessary to carry out the purposes of this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>If the Secretary determines that any mobile home—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>does not comply with an applicable Federal mobile home construction and safety standard prescribed pursuant to section 604; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>contains a defect which constitutes an imminent safety hazard,</content></paragraph> <continuation class="indent0 fontsize10">then he shall immediately notify the manufacturer of such mobile <sidenote><p class="indent0 firstIndent1 fontsize8">Notice.</p></sidenote> home of such defect or failure to comply. The notice shall contain the findings of the Secretary and shall include all information upon which the findings are based. The Secretary shall afford such manufacturer <sidenote><p class="indent0 firstIndent1 fontsize8">Opportunity to present views.</p></sidenote> an opportunity to present his views and evidence in support thereof, to establish that there is no failure of compliance. If after such presentation by the manufacturer the Secretary determines that such mobile home does not comply with applicable Federal mobile home construction or safety standards, or contains a defect which constitutes an imminent safety hazard, the Secretary shall direct the manufacturer to furnish the notification specified in subsections (a) and (b) of this section.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Every manufacturer of mobile homes shall maintain a record <sidenote><p class="indent0 firstIndent1 fontsize8">Record of purchasers.</p></sidenote> of the name and address of the first purchaser of each mobile home (for purposes other than resale), and, to the maximum extent feasible, shall maintain procedures for ascertaining the name and address of any subsequent purchaser thereof and shall maintain a record of names and addresses so ascertained. Such records shall be kept for each home produced by a manufacturer. The Secretary may establish by order procedures to be followed by manufacturers in establishing and maintaining such records, including procedures to be followed by distributors and dealers to assist manufacturers to secure the information required by this subsection. Such procedures shall be reasonable for the particular type of mobile home for which they are prescribed.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <chapeau>A manufacturer required to furnish notification of a defect <sidenote><p class="indent0 firstIndent1 fontsize8">Notice of defect.</p></sidenote> under subsection (a) or (e) shall also bring the mobile home into compliance with applicable standards and correct the defect or have the defect corrected within a reasonable period of time at no expense to the owner, but only if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the defect presents an unreasonable risk of injury or death to occupants of the affected mobile home or homes;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the defect can be related to an error in design or assembly of the mobile home by the manufacturer.</content></paragraph> <continuation class="indent0 fontsize10">The Secretary may direct the manufacturer to make such corrections <sidenote><p class="indent0 firstIndent1 fontsize8">Opportunity to present views.</p></sidenote> after providing an opportunity for oral and written presentation of views by interested persons. Nothing in this section shall limit the rights of the purchaser or any other person under any contract or applicable law.</continuation></subsection> <page identifier="/us/stat/88/711">88 <inline class="smallCaps">Stat.</inline> 711</page> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>The manufacturer shall submit his plan for notifying owners of the defect and for repairing such defect (if required under subsection (g)) to the Secretary for his approval before implementing such plan. Whenever a manufacturer is required under subsection (g) to correct a defect, the Secretary shall approve with or without modification, after consultation with the manufacturer of the mobile home involved, such manufacturer’s remedy plan including the date when, and the method by which, the notification and remedy required pursuant to this section shall be effectuated. Such date shall be the earliest practicable one but shall not be more than sixty days after the date of discovery or determination of the defect or failure to comply, unless the Secretary grants an extension of such period for good cause shown and publishes a notice of such extension in the Federal Register. Such manufacturer <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> is bound to implement such remedy plan as approved by the Secretary.</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>Where a defect or failure to comply in a mobile home cannot be adequately repaired within sixty days from the date of discovery or determination of the defect, the Secretary may require that the mobile home be replaced with a new or equivalent home without charge, or that the purchase price be refunded in full, less a reasonable allowance for depreciation based on actual use if the home has been in the possession of the owner for more than one year.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">certification of conformity with construction and safety standards</inline></heading> <num value="616"><inline class="smallCaps">Sec.</inline> 616.</num> <content>Every manufacturer of mobile homes shall furnish to the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5415">42 USC 5415.</ref></p></sidenote> distributor or dealer at the time of delivery of each such mobile home produced by such manufacturer certification that such mobile home conforms to all applicable Federal construction and safety standards. Such certification shall be in the form of a label or tag permanently affixed to each such mobile home.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">consumer information</inline></heading> <num value="617"><inline class="smallCaps">Sec.</inline> 617.</num> <content>The Secretary shall develop guidelines for a consumer’s <sidenote><p class="indent0 firstIndent1 fontsize8">Consumer’s manual</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5416">42 USC 5416.</ref></p></sidenote> manual to be provided to mobile home purchasers by the manufacturer. These manuals should identify and explain the purchasers’ responsibilities for operation, maintenance, and repair of their mobile homes.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effect upon antitrust laws</inline></heading> <num value="618"><inline class="smallCaps">Sec.</inline> 618.</num> <content>Nothing contained in this title shall be deemed to exempt <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5417">42 USC 5417.</ref></p></sidenote> from the antitrust laws of the United States any conduct that would otherwise be unlawful under such laws, or to prohibit under the antitrust laws of the United States any conduct that would be lawful under such laws. As used in this section, the term “antitrust laws” <sidenote><p class="indent0 firstIndent1 fontsize8">“Antitrust laws.”</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1">15 USC 1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s12">15 USC 12.</ref></p></sidenote> includes, but is not limited to, the Act of July 2, 1890, as amended; the Act of October 14, 1914, as amended; the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894, as amended.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s8/s9">15 USC 8, 9.</ref></p></sidenote></content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">use of research and testing facilities of public agencies</inline></heading> <num value="619"><inline class="smallCaps">Sec.</inline> 619.</num> <content>The Secretary, in exercising the authority under this title, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5418">42 USC 5418.</ref></p></sidenote> shall utilize the services, research and testing facilities of public agencies and independent testing laboratories to the maximum extent practicable in order to avoid duplication.</content></section> <page identifier="/us/stat/88/712">88 <inline class="smallCaps">Stat.</inline> 712</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">inspection fees</inline></heading> <num value="620"><inline class="smallCaps">Sec.</inline> 620.</num> <content>In carrying out the inspections required under this title, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5419">42 USC 5419.</ref></p></sidenote> the Secretary may establish and impose on mobile home manufacturers, distributors, and dealers such reasonable fees as may be necessary to offset the expenses incurred by him in conducting such inspections, except that this section shall not apply in any State which has in effect a State plan under section 623.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">penalties on inspections</inline></heading> <num value="621"><inline class="smallCaps">Sec.</inline> 621.</num> <content>Any person, other than an officer or employee of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5420">42 USC 5420.</ref></p></sidenote> United States, or a person exercising inspection functions under a State plan pursuant to section 623, who knowingly and willfully fails to report a violation of any construction or safety standard established under section 604 may be fined up to $1,000 or imprisoned for up to one year, or both.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibition on waiver of rights</inline></heading> <num value="622"><inline class="smallCaps">Sec.</inline> 622.</num> <content>The rights afforded mobile home purchasers under this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5421">42 USC 5421.</ref></p></sidenote> title may not be waived, and any provision of a contract or agreement entered into after the enactment of this title to the contrary shall be void.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">state jurisdiction; state plans</inline></heading> <num value="623"><inline class="smallCaps">Sec.</inline> 623.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Nothing in this title shall prevent any State agency <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5422">42 USC 5422.</ref></p></sidenote> or court from asserting jurisdiction under State law over any mobile home construction or safety issue with respect to which no Federal mobile home construction and safety standard has been established pursuant to the provisions of section 604.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Any State which, at any time, desires to assume responsibility <sidenote><p class="indent0 firstIndent1 fontsize8">Enforcement standards plan, submittal to Secretary.</p></sidenote>for enforcement of mobile home safety and construction standards relating to any issue with respect to which a Federal standard has been established under section 604, shall submit to the Secretary a State plan for enforcement of such standards.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The Secretary shall approve the plan submitted by a State <sidenote><p class="indent0 firstIndent1 fontsize8">Approval.</p></sidenote> under subsection (b), or any modification thereof, if such plan in his judgment—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>designates a State agency or agencies as the agency or agencies responsible for administering the plan throughout the State;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>provides for the enforcement of mobile home safety and construction standards promulgated under section 604;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>provides for a right of entry and inspection of all factories, warehouses, or establishments in such State in which mobile homes are manufactured and for the review of plans, in a manner which is identical to that provided in section 614;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>provides for the imposition of the civil and criminal penalties under section 611;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>provides for the notification and correction procedures under section 615;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>provides for the payment of inspection fees by manufacturers in amounts adequate to cover the costs of inspections;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>contains satisfactory assurances that the State agency or agencies have or will have the legal authority and qualified personnel necessary for the enforcement of such standards;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>give satisfactory assurances that such State will devote adequate funds to the administration and enforcement of such standards;</content></paragraph> <page identifier="/us/stat/88/713">88 <inline class="smallCaps">Stat.</inline> 713</page> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>requires manufacturers, distributors, and dealers in such State to make reports to the Secretary in the same manner and to the same extent as if the State plan were not in effect;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>provides that the State agency or agencies will make such reports to the Secretary in such form and containing such information as the Secretary shall from time to time require; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>complies with such other requirements as the Secretary may by regulation prescribe for the enforcement of this title.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>If the Secretary rejects a plan submitted under subsection (b), <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> he shall afford the State submitting the plan due notice and opportunity for a hearing before so doing.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>After the Secretary approves a State plan submitted under subsection (b), he may, but shall not be required to, exercise his authority under this title with respect to enforcement of mobile home construction and safety standards in the State involved.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>The Secretary shall, on the basis of reports submitted by the <sidenote><p class="indent0 firstIndent1 fontsize8">Evaluation, submittal to congressional committees.</p></sidenote> designated State agency and his own inspections, make a continuing evaluation of the manner in which each State having a plan approved under this section is carrying out such plan. Such evaluation shall be made by the Secretary at least annually for each State, and the results of such evaluation and the inspection reports on which it is based shall be promptly submitted to the appropriate committees of the Congress. Whenever the Secretary finds, after affording due notice and opportunity <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and hearing.</p></sidenote> for a hearing, that in the administration of the State plan there is a failure to comply substantially with any provision of the State plan or that the State plan has become inadequate, he shall notify the State agency or agencies of his withdrawal of approval of such plan. Upon receipt of such notice by such State agency or agencies such plan shall cease to be in effect, but the State may retain jurisdiction in any case commenced before the withdrawal of the plan in order to enforce mobile home standards under the plan whenever the issues involved do not relate to the reasons for the withdrawal of the plan.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">grants to states</inline></heading> <num value="624"><inline class="smallCaps">Sec.</inline> 624.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary is authorized to make grants to the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5423">42 USC 5423.</ref></p></sidenote> States which have designated a State agency under section 623 to assist them—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>in identifying their needs and responsibilities in the area of mobile home construction and safety standards; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in developing State plans under section 623.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The Governor of each State shall designate the appropriate State agency for receipt of any grant made by the Secretary under this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Any State agency designated by the Governor of a State desiring <sidenote><p class="indent0 firstIndent1 fontsize8">Application.</p></sidenote> a grant under this section shall submit an application therefor to the Secretary. The Secretary shall review and either accept or reject such application.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Federal share for each State grant under subsection (a) of this section may not exceed 90 per centum of the total cost to the State in identifying its needs and developing its plan. In the event the Federal share for all States under such subsection is not the same, the differences among the States shall be established on the basis of objective criteria.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">rules and regulations</inline></heading> <num value="625"><inline class="smallCaps">Sec.</inline> 625.</num> <content>The Secretary is authorized to issue, amend, and revoke <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5424">42 USC 5424.</ref></p></sidenote> such rules and regulations as he deems necessary to carry out this title.</content> </section> <page identifier="/us/stat/88/714">88 <inline class="smallCaps">Stat.</inline> 714</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">annual report to congress</inline></heading> <num value="626"><inline class="smallCaps">Sec.</inline> 626.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary shall prepare and submit to the President <sidenote><p class="indent0 firstIndent1 fontsize8">Submittal to President.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5425">42 USC 5425.</ref></p></sidenote> for transmittal to the Congress on March 1 of each year a comprehensive report on the administration of this title for the preceding calendar year. Such report shall include but not be restricted to (1) <sidenote><p class="indent0 firstIndent1 fontsize8">Contents.</p></sidenote> a thorough statistical compilation of the accidents, injuries, deaths, and property losses occurring in or involving mobile homes in such year; (2) a list of Federal mobile home construction and safety standards prescribed or in effect in such year; (3) the level of compliance with all applicable Federal mobile home standards; (4) a summary of all current research grants and contracts together with a description of the problems to be studied in such research; (5) an analysis and evaluation, including relevant policy recommendations, of research activities completed and technological progress achieved during such year; (6) a statement of enforcement actions including judicial decisions, settlements, defect notifications, and pending litigation commenced during the year; and (7) the extent to which technical information was disseminated to the scientific community and consumer-oriented information was made available to mobile home owners and prospective buyers.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The report required by subsection (a) of this section shall contain <sidenote><p class="indent0 firstIndent1 fontsize8">Recommendations for legislation.</p></sidenote> such recommendations for additional or revised legislation as the Secretary deems necessary to promote the improvement of mobile home construction and safety and to strengthen the national mobile home program.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>In order to assure a continuing and effective national mobile home construction and safety program, it is the policy of Congress to encourage the adoption of State inspection of used mobile homes. Therefore, to that end the Secretary shall conduct a thorough study <sidenote><p class="indent0 firstIndent1 fontsize8">Study and investigation.</p></sidenote> and investigation to determine the adequacy of mobile home construction and safety standards and mobile home inspection requirements and procedures applicable to used mobile homes in each State, and the effect of programs authorized by this title upon such standards, requirements, and procedures for used mobile homes, and report to Congress as soon as practicable, but not later than one year after the date of enactment of this Act, the results of such study, and recommendations for such additional legislation as he deems necessary to carry out the purposes of this title. Such report shall also include recommendations by the Secretary relating to the problems of disposal of used mobile homes.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">authorization of appropriations</inline></heading> <num value="627"><inline class="smallCaps">Sec.</inline> 627.</num> <content>There are authorized to be appropriated such sums as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5426">42 USC 5426.</ref></p></sidenote> may be necessary to carry out the provisions of this title.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective date</inline></heading> <num value="628"><inline class="smallCaps">Sec.</inline> 628.</num> <content>The provisions of this title shall take effect upon the expiration <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s5401">42 USC 5401</ref> note.</p></sidenote> of 180 days following the date of enactment of this title.</content> </section> <num value="VII">TITLE VII—</num><heading class="inline">CONSUMER HOME MORTGAGE ASSISTANCE</heading><sidenote><p class="indent0 firstIndent1 fontsize8">Consumer Home Mortgage Assistance Act of 1974.</p></sidenote> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">short title</inline></heading> <num value="701"><inline class="smallCaps">Sec.</inline> 701.</num> <content>This title may be cited as the “<shortTitle role="title">Consumer Home Mortgage <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1564">12 USC 1564</ref> note.</p></sidenote> Assistance Act of 1974</shortTitle>”.</content> </section> <page identifier="/us/stat/88/715">88 <inline class="smallCaps">Stat.</inline> 715</page> <part> <num value="A"><inline class="smallCaps">Part A—</inline></num><heading><inline class="smallCaps">Lending and Investment Powers, Federal Savings and Loan Associations</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">construction loans</inline></heading> <num value="702"><inline class="smallCaps">Sec.</inline> 702.</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) is amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><content>“Without regard to any other provision of this subsection, any such association is authorized to invest an amount, not exceeding the greater of (A) the sum of its surplus, undivided profits, and reserves or (B) 3 per centum of its assets, in loans or in interests therein the principal purpose of which is to provide financing with respect to what is or is expected to become primarily residential real estate within one hundred miles of its home office or within the State in which such office is located, where (i) the association relies substantially for repayment on the borrower’s general credit standing and forecast of income, with or without other security, or (ii) the association relies on other assurances for repayment, including but not limited to a guaranty or similar obligation of a third party, and, in either case described in clause (i) or (ii), regardless of whether or not the association takes security; and investments under this sentence shall not be included in any percentage of assets or other percentage referred to in this subsection.”</content></paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">single family dwelling limitations</inline></heading> <num value="703"><inline class="smallCaps">Sec.</inline> 703.</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) is amended by striking out “<quotedText>$45,000</quotedText>” immediately before “<quotedText>for each single family dwelling</quotedText>” and inserting in lieu thereof “<quotedText>$55,000 (except that with respect to dwellings in Alaska, Guam, and Hawaii the foregoing limitation may, by regulation of the Board, be increased by not to exceed 50 per centum)</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">lending authority under the home owners’ loan act</inline></heading> <num value="704"><inline class="smallCaps">Sec.</inline> 704.</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)), as amended by section 702 of this Act, is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><content>“Subject to such prohibitions, limitations, and conditions as the Board may prescribe, any such association may invest in loans and advances of credit and interests therein upon the security of or respecting real property or interests therein used for primarily residential purposes (all of which may be defined by the Board) that do not comply with the limitations and restrictions in this subsection, but no investment shall be made by an association under this sentence if its aggregate outstanding investment under this sentence determined as prescribed by the Board, exclusive of any investment which is or at the time of its making was otherwise authorized, would thereupon exceed 5 per centum of its assets.”.</content></paragraph> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">amendment to the home owners’ loan act of 1933 concerning property improvement loans</inline></heading> <num value="705"><inline class="smallCaps">Sec.</inline> 705.</num> <content>The second and third undesignated paragraphs of section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)) are amended by striking out “<quotedText>$5,000</quotedText>” and inserting in lieu thereof “<quotedText>$10,000</quotedText>”.</content> </section> <page identifier="/us/stat/88/716">88 <inline class="smallCaps">Stat.</inline> 716</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">advances from a state chartered central reserve institution including mortgage finance agencies</inline></heading> <num value="706"><inline class="smallCaps">Sec.</inline> 706.</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 (12 U.S.C. 1464(c)), as amended by sections 702 and 704 of this Act, is <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 715.</p></sidenote> amended by adding at the end thereof the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><content>“Subject to regulation by the Board but without regard to any other provision of this subsection, any such association whose general reserves, surplus, and undivided profits aggregate a sum in excess of 5 per centum of its withdrawable accounts is authorized to borrow funds from a State mortgage finance agency of the State in which the head office of such association is situated to the same extent as State law authorizes a savings and loan association organized under the laws of such State to borrow from the State mortgage finance agency, except that such an association may not make any loan of such funds at an interest rate which exceeds by more than 1¾ per centum per annum the interest rate paid to the State mortgage finance agency on the obligations issued to obtain the funds so borrowed.”</content></paragraph> </quotedContent> </content> </section> </part> <part><num value="B"><inline class="smallCaps">Part B—</inline></num><heading><inline class="smallCaps">National Banks</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">real estate loans by national banks</inline></heading> <num value="711"><inline class="smallCaps">Sec.</inline> 711.</num> <content>Section 24 of the Federal Reserve Act (12 U.S.C. 371) is amended to read as follows: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“real estate loans by national banks</inline></heading> <num value="24"><inline class="smallCaps">“Sec.</inline> 24</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any national banking association may make real estate loans, secured by liens upon unimproved real estate, upon improved real estate, including improved farmland and improved business and residential properties, and upon real estate to be improved by a building or buildings to be constructed or in the process of construction, in an amount which when added to the amount unpaid upon prior mortgages, liens, encumbrances, if any, upon such real estate does not exceed the respective proportions of appraised value as provided in this section. A loan secured by real estate within the meaning of this section shall be in the form of an obligation or obligations secured by a mortgage, trust deed, or other instrument, which shall constitute a lien on real estate in fee or, under such rules and regulations as may be prescribed by the Comptroller of the Currency, on a leasehold under a lease which does not expire for at least ten years beyond the maturity date of the loan, and any national banking association may purchase or sell any obligations so secured in whole or in part. The amount of any such loan hereafter made shall not exceed 66⅔ per centum of the appraised value if such real estate is unimproved, 75 per centum of the appraised value if such real estate is improved by offsite improvements such as streets, water, sewers, or other utilities, 75 per centum of the appraised value if such real estate is in the process of being improved by a building or buildings to be constructed or in the process of construction, or 90 per centum of the appraised value if such real estate is improved by a building or buildings. If any such loan exceeds 75 per centum of the appraised value of the real estate or if the real estate is improved with a one-to four-family dwelling, installment payments shall be required which are sufficient to amortize the entire principal of the loan within a period of not more than thirty years.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The limitations and restrictions set forth in paragraph (1) shall not prevent the renewal or extension of loans heretofore made and shall not apply to real estate loans (A) which are insured under <page identifier="/us/stat/88/717">88 <inline class="smallCaps">Stat.</inline> 717</page> the provisions of the National Housing Act, (B) which are insured <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701">12 USC 1701</ref> and note.</p></sidenote> by the Secretary of Agriculture pursuant to title I of the Bankhead-Jones Farm Tenant Act, or the Act of August 28, 1937, as amended, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t7/s1000">7 USC 1000</ref> and note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1471">42 USC 1471.</ref></p></sidenote> or title V of the Housing Act of 1949, as amended, or (C) which are guaranteed by the Secretary of Housing and Urban Development, for the payment of the obligations of which the full faith and credit of the United States is pledged, and such limitations and restrictions shall not apply to real estate loans which are fully guaranteed or insured by a State, or any agency or instrumentality thereof, or by a State authority for the payment of the obligations of which the faith and credit of the State is pledged, if under the terms of the guaranty or insurance agreement the association will be assured of repayment in accordance with the terms of the loan, or to any loan at least 20 per centum of which is guaranteed under chapter 37 of title 38, United States Code.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t38/s1801">38 USC 1801.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>Loans which are guaranteed or insured as described in paragraph (2) shall not be taken into account in determining the amount of real estate loans which a national banking association may make in relation to its capital and surplus or its time and savings deposits or in determining the amount of real estate loans secured by other than first liens. Where the collateral for any loan consists partly of real estate security and partly of other security, including a guaranty or endorsement by or an obligation or commitment of a person other than the borrower, only the amount by which the loan exceeds the value as collateral of such other security shall be considered a loan upon the security of real estate, and in no event shall a loan be considered as a real estate loan where there is a valid and binding agreement which is entered into by a financially responsible lender or other party either directly with the association or which is for the benefit of or has been assigned to the association and pursuant to which agreement the lender or other party is required to advance to the association within sixty months from the date of the making of such loan the full amount of the loan to be made by the association upon the security of real estate. Except as otherwise provided, no such association shall make real estate loans in an aggregate sum in excess of the amount of the capital stock of such association paid in and unimpaired plus the amount of its unimpaired surplus fund, or in excess of the amount of its time and savings deposits, whichever is greater: <proviso><i>Provided</i>, That the amount unpaid upon real estate loans secured by other than first liens, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, shall not exceed in an aggregate sum 20 per centum of the amount of the capital stock of such association paid in and unimpaired plus 20 per centum of the amount of its unimpaired surplus fund.</proviso></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>Any national banking association may make real estate loans secured by liens upon forest tracts which are properly managed in all respects. Such loans shall be in the form of an obligation or obligations secured by mortgage, trust deed, or other such instrument; and any national banking association may purchase or sell any obligations so secured in whole or in part. The amount of any such loan, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, if any, shall not exceed 66⅔ per centum of the appraised fair market value of the growing timber, lands, and improvements thereon offered as security and the loan shall be made upon such terms and conditions as to assure that at no time shall the loan balance, when added to the amount unpaid upon prior mortgages, liens, and encumbrances, if any, exceed 66⅔ per centum of the original appraised total value of the property then remaining. No such loan shall be made for a longer term than three years; except that any such loan may be made for a term not longer than fifteen years <page identifier="/us/stat/88/718">88 <inline class="smallCaps">Stat.</inline> 718</page> if the loan is secured by an amortized mortgage, deed of trust, or other such instrument under the terms of which the installment payments are sufficient to amortize the principal of the loan within a period of not more than fifteen years and at a rate at least 6⅔ per centum per annum. All such loans secured by liens upon forest tracts shall be included in the permissible aggregate of all real estate loans and, when secured by other than first liens, in the permissible aggregate of all real estate loans secured by other than first liens, prescribed in subsection (a), but no national banking association shall make forest tract loans in an aggregate sum in excess of 50 per centum of its capital stock paid in and unimpaired plus 50 per centum of its unimpaired surplus fund.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>Loans made to finance the construction of a building or buildings and having maturities of not to exceed sixty months where there is a valid and binding agreement entered into by a financially responsible lender or other party to advance the full amount of the bank’s loan upon completion of the building or buildings, and loans made to finance the construction of residential or farm buildings and having maturities of not to exceed sixty months, may be considered as real estate loans if the loans qualify under this section, or such loans may be classed as commercial loans whether or not secured by a mortgage or similar lien on the real estate upon which the building or buildings are being constructed, at the option of each national banking association that may have an interest in such loan: <proviso><i>Provided</i>, That no national banking association shall invest in, or be liable on, any such loans classed as commercial loans under this subsection in an aggregate amount in excess of 100 per centum of its actually paid-in and unimpaired capital plus 100 per centum of its unimpaired surplus fund.</proviso></content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>Notes representing loans made under this section to finance the construction of residential or farm buildings and having maturities of not to exceed nine months shall be eligible for discount as commercial paper within the terms of the second paragraph of section 13 of this Act if accompanied by a valid and binding agreement <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s343">12 USC 343.</ref></p></sidenote> to advance the full amount of the loan upon the completion of the building entered into by an individual, partnership, association, or corporation acceptable to the discounting bank.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>Loans made to any borrower (i) where the association looks for repayment by relying primarily on the borrower’s general credit standing and forecast of income, with or without other security, or (ii) secured by an assignment of rents under a lease, and where, in either case described in clause (i) or (ii) above, the association wishes to take a mortgage, deed of trust, or other instrument upon real estate (whether or not constituting a first lien) as a precaution against contingencies, and loans in which the Small Business Administration cooperates through agreements to participate on an immediate or deferred or guaranteed basis under the Small Business Act, shall not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s631">15 USC 631</ref> note.</p></sidenote> be considered as real estate loans within the meaning of this section but shall be classed as commercial loans.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>Any national banking association may make loans upon the security of real estate that do not comply with the limitations and restrictions in this section, if the total unpaid amount loaned, exclusive of loans which subsequently comply with such limitations and restrictions, does not exceed 10 per centum of the amount that a national banking association may invest in real estate loans. The total unpaid amount so loaned shall be included in the aggregate sum that such association may invest in real estate loans.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">“(g)</num> <content>Loans made pursuant to this section shall be subject to such conditions and limitations as the Comptroller of the Currency may prescribe by rule or regulation.”.</content></subsection></section> </quotedContent> </content> </section> </part> <page identifier="/us/stat/88/719">88 <inline class="smallCaps">Stat.</inline> 719</page> <part> <num value="C"><inline class="smallCaps">Part C—</inline></num><heading><inline class="smallCaps">Federal Credit Unions</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">lending authority and depository authority</inline></heading> <num value="721"><inline class="smallCaps">Sec.</inline> 721.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Paragraph (6) of section 107 of the Federal Credit Union Act (12 U.S.C. 1757(6)) is amended to read as follows: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="6">“(6)</num> <content>to make loans to its own directors and to members of its own supervisory credit committee provided that any such loan or aggregate of loans to one director or committee member which exceeds $2,500 plus pledged shares must be approved by the board of directors, and to permit directors and members of its own supervisory or credit committee to act as guarantor or endorser of loans to other members, except that when such a loan standing alone or when added to any outstanding loan or loans of the guarantor exceeds $2,500, approval by the board of directors is required;”.</content></paragraph> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Paragraph (9) of such section is amended by inserting immediately before the semicolon at the end thereof the following: “<quotedText>, and for Federal credit unions or credit unions authorized by the Department of Defense operating suboffices on American military installations in foreign countries or trust territories of the United States to maintain demand deposit accounts in banks located in those countries or trust territories, subject to such regulations as may be issued by the Administrator and provided such banks are correspondents of banks described in this paragraph</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">fees</inline></heading> <num value="722"><inline class="smallCaps">Sec.</inline> 722.</num> <content>The first sentence of section 109 of the Federal Credit Union Act (12 U.S.C. 1759) is amended by striking out “<quotedText>the entrance fee</quotedText>” and inserting in lieu thereof “<quotedText>a uniform entrance fee if required by the board of directors</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">directors</inline></heading> <num value="723"><inline class="smallCaps">Sec.</inline> 723.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The third sentence of section 113 of the Federal Credit Union Act (12 U.S.C. 1761b) is amended by inserting “<quotedText>, except that the board may designate a committee of not less than two to act as an investment committee, such investment committee to have charge of making investments under rules and procedures established by the board of directors</quotedText>” immediately after “<quotedText>have charge of investments other than loans to members</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The fourth sentence of such section is amended by striking out “<quotedText>act for it in the purchase and sale of securities, the borrowing of funds, and making of loans to other credit unions</quotedText>” and inserting in lieu thereof “<quotedText>exercise such authority as may be delegated to it subject to such conditions and limitations as may be prescribed by the board</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The fifth sentence of such section is amended by striking out “<quotedText>a membership officer</quotedText>” and inserting in lieu thereof “<quotedText>one or more membership officers</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Such section is amended by adding at the end thereof the following new sentence: “<quotedText>If a membership application is denied, the reasons therefor shall be furnished in writing to the person whose application is denied, upon written request.</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">supervisory committees</inline></heading> <num value="724"><inline class="smallCaps">Sec.</inline> 724.</num> <content>Section 115 of the Federal Credit Union Act (12 U.S.C. 1761d) is amended by striking out “<quotedText>a semiannual</quotedText>” and inserting in lieu thereof “<quotedText>an annual</quotedText>”.</content> </section> <page identifier="/us/stat/88/720">88 <inline class="smallCaps">Stat.</inline> 720</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">dividends</inline></heading> <num value="725"><inline class="smallCaps">Sec.</inline> 725.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The first sentence of section 117 of the Federal Credit Union Act (12 U.S.C. 1763) is amended by striking out “<quotedText>Annually, semiannually, or quarterly, as the bylaws may provide</quotedText>” and inserting in lieu thereof “<quotedText>At such intervals as the board of directors may authorize</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The last sentence of such section is amended by striking out “<quotedText>for a month</quotedText>”, and by striking out “<quotedText>which are or become fully paid up during the first ten days of that month</quotedText>” and inserting in lieu thereof “<quotedText>as authorized by the board of directors</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">applicability</inline></heading> <num value="726"><inline class="smallCaps">Sec.</inline> 726.</num> <content>Section 126 of the Federal Credit Union Act (12 U.S.C. 1772) is amended by inserting immediately after “<quotedText>the several territories</quotedText>” the following: “<quotedText>, including the trust territories,</quotedText>”.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definition of members accounts</inline></heading> <num value="727"><inline class="smallCaps">Sec.</inline> 727.</num> <chapeau>Section 202(h) of the Federal Credit Union Act (12 U.S.C. 1782(h)) is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>and</quotedText>” at the end of paragraph (1);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the period at the end of paragraph (2) and inserting in lieu thereof “<quotedText>; and</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by adding after paragraph (2) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>the term ‘members accounts’ when applied to the premium charge for insurance of the accounts of federally insured credit unions shall not include amounts in excess of the insured account limit set forth in section 207(c).”<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1787">12 USC 1787.</ref></p></sidenote></content></paragraph> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">termination</inline></heading> <num value="728"><inline class="smallCaps">Sec.</inline> 728.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 206(a) of the Federal Credit Union Act (12 U.S.C. 1786(a)) is amended to read as follows: <quotedContent> <subsection class="indent0 fontsize10"><num value="a">“(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Any insured credit union other than a Federal credit union may, upon not less than ninety days’ written notice to the Administrator and upon the affirmative vote of a majority of its members within one year prior to the giving of such notice, terminate its status as an insured credit union.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>Any insured credit union, other than a Federal credit union, which has obtained a new certificate of insurance from a corporation authorized and duly licensed to insure member accounts may upon not less than ninety days’ written notice to the Administrator convert from status as an insured credit union under this Act: <proviso><i>Provided</i>. That at the time of giving notice to the Administrator the provisions of paragraph (b)(1) of this section are not being invoked against the credit union.</proviso>”.</content></paragraph></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The first sentence of section 206(c) of such Act is amended by inserting “<quotedText>(1)</quotedText>” immediately after “<quotedText>(a)</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 206(d) of such Act is amended by inserting “<quotedText>(1)</quotedText>” immediately after “<quotedText>(d)</quotedText>”, and by adding at the end thereof the following new paragraphs:<quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>No credit union shall convert from status as an insured credit union under this Act as provided under subsection (a)(2) of this section until the proposition for such conversion has been approved by a <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote> majority of all the directors of the credit union, and by affirmative vote of a majority of the members of the credit union who vote on the proposition in a vote in which at least 20 per centum of the total membership <page identifier="/us/stat/88/721">88 <inline class="smallCaps">Stat.</inline> 721</page> of the credit union participates. Following approval by the directors, written notice of the proposition and of the date set for the membership vote shall be delivered in person to each member, or mailed to each member at the address for such member appearing on the records of the credit union, not more than thirty nor less than seven days prior to such date. The membership shall be given the opportunity to vote by mail ballot. If the proposition is approved by the membership, prompt and reasonable notice of insurance conversion shall be given to all members.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>In the event of a conversion of a credit union from status as an insured credit union under this Act as provided under subsection (a) (2) of this section, premium charges payable under section 202(c) of this Act shall be reduced by an amount proportionate to the number of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1782">12 USC 1782.</ref></p></sidenote> calendar months for which the converting credit union will no longer be insured under this Act. As long as a converting credit union remains insured under this Act, it shall remain subject to all of the provisions of chapter II of this Act.”.</content></paragraph> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liquidation</inline></heading> <num value="729"><inline class="smallCaps">Sec.</inline> 729.</num> <content>Section 208(a)(1) of the Federal Credit Union Act (12 U.S.C. 1788(a)(1)) is amended to read as follows: <quotedContent> <paragraph class="indent0 fontsize10"><num value="1">“(1)</num> <content>In order to reopen a closed insured credit union or in order to prevent the closing of an insured credit union which the Administrator has determined is in danger of closing or in order to assist in the voluntary liquidation of a solvent credit union, the Administrator, in his discretion, is authorized to make loans to, or purchase the assets of, or establish accounts in such insured credit union upon such terms and conditions as he may prescribe. Except with respect to the voluntary liquidation of a solvent credit union, such loans shall be made and such accounts shall be established only when, in the opinion of the Administrator, such action is necessary to protect the fund or the interests of the members of the credit union.”</content></paragraph> </quotedContent> </content> </section> </part> <num value="VIII">TITLE VIII—</num><heading class="inline">MISCELLANEOUS</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">national housing goal</inline></heading> <num value="801"><inline class="smallCaps">Sec.</inline> 801.</num> <chapeau>Title XVI of the Housing and Urban Development Act of 1968 is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>(a)</quotedText>” before “<quotedText>The Congress</quotedText>” in the first sentence of section 1601;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441a">42 USC 1441a.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by adding at the end of section 1601 the following new subsections: <quotedContent> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Congress further finds that policies designed to contribute to the achievement of the national housing goal have not directed sufficient attention and resources to the preservation of existing housing and neighborhoods, that the deterioration and abandonment of housing for the Nation’s lower income families has accelerated over the last decade, and that this acceleration has contributed to neighborhood disintegration and has partially negated the progress toward achieving the national housing goal which has been made primarily through new housing construction.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Congress declares that if the national housing goal is to be achieved, a greater effort must be made to encourage the preservation of existing housing and neighborhoods through such measures as housing preservation, moderate rehabilitation, and improvements in housing management and maintenance, in conjunction with the provision of adequate municipal services. Such an effort should concentrate, to a greater extent than it has in the past, on housing and <page identifier="/us/stat/88/722">88 <inline class="smallCaps">Stat.</inline> 722</page> neighborhoods where deterioration is evident but has not yet become acute.”; and</content></subsection></quotedContent></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by redesignating clauses (3) through (6) of section 1603 as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441c">42 USC 1441c.</ref></p></sidenote> clauses (4) through (7), respectively, and by inserting after clause (2) the following new clause: <quotedContent> <paragraph class="indent0 fontsize10"><num value="3">“(3)</num> <content>provide an assessment of developments and progress during the preceding fiscal year with respect to the preservation of deteriorating housing and neighborhoods and indicate the efforts to be undertaken in future years to encourage such action;”.</content></paragraph> </quotedContent> </content> </paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">state housing finance and development agencies</inline></heading> <num value="802"><inline class="smallCaps">Sec.</inline> 802.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">It is the purpose of this section to encourage the formation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1440">42 USC 1440.</ref></p></sidenote> and effective operation of State housing finance agencies and State development agencies which have authority to finance, to assist in carrying out, or to carry out activities designed to (1) provide housing and related facilities through land acquisition, construction, or rehabilitation, for persons and families of low, moderate, and middle income, (2) promote the sound growth and development of neighborhoods through the revitalization of slum and blighted areas, (3) increase and improve employment opportunities for the unemployed and underemployed through the development and redevelopment of industrial, manufacturing, and commercial facilities, or (4) implement the development aspects of State land use and preservation policies, including the advance acquisition of land where it is consistent with such policies. The Secretary of Housing and Urban Development shall encourage maximum participation by private and nonprofit developers in activities assisted under this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">A State housing finance or State development agency is eligible for assistance under this section only if the Secretary determines that it is fully empowered and has adequate authority to at least carry out or assist in carrying out the purposes specified in clause (1) of subsection (a).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>for the purpose of this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the term “State housing finance or State development agency” means any public body or agency, publicly sponsored corporation, or instrumentality of one or more States which is designated by the Governor (or Governors in the case of an interstate development agency) for purposes of this section;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the term “Secretary” means the Secretary of Housing and Urban Development.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary is authorized to guarantee, and enter into <sidenote><p class="indent0 firstIndent1 fontsize8">Guarantees.</p></sidenote> commitments to guarantee, the bonds, debentures, notes, and other obligations issued by State housing finance or State development agencies to finance development activities as determined by him to be in furtherance of the purpose of clause (1) or (2) of subsection (a), except that obligations issued to finance activities solely in furtherance of the purpose of clause (1) of subsection (a) may be guaranteed only if the activities are in connection with the revitalization of slum or blighted areas under title I of this Act or under any other program determined to be acceptable by the Secretary for this purpose.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 633.</p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary is authorized to make, and to contract to make, <sidenote><p class="indent0 firstIndent1 fontsize8">Grants.</p></sidenote> grants to or on behalf of a State housing finance or State development agency to cover not to exceed 33% per centum of the interest payable on bonds, debentures, notes, and other obligations issued by such <page identifier="/us/stat/88/723">88 <inline class="smallCaps">Stat.</inline> 723</page> agency to finance development activities in furtherance of the purposes of this section.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>No obligation shall be guaranteed or otherwise assisted under this section unless the interest income thereon is subject to Federal taxation as provided in subsection (h)(2), except that use of guarantees provided for in this subsection shall not be made a condition to nor preclude receipt of any other Federal assistance.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The full faith and credit of the United States is pledged to the payment of all guarantees made under this section with respect to principal, interest, and any redemption premiums. Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The Secretary is authorized to establish and collect such fees and <sidenote><p class="indent0 firstIndent1 fontsize8">Fees.</p></sidenote> charges for and in connection with guarantees made under this section as he considers reasonable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>There are authorized to be appropriated such sums as may be <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> necessary to make payments as provided for in contracts entered into by the Secretary under paragraph (2) of this subsection, and payments pursuant to such contracts shall not exceed $50,000,000 per annum prior to July 1, 1975, which maximum dollar amount shall be increased by $60,000,000 on July 1, 1975. The aggregate principal amount of the obligations which may be guaranteed under this section and outstanding at any one time shall not exceed $500,000,000.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d))</num> <chapeau>The Secretary shall take such steps as he considers reasonable to assure that bonds, debentures, notes, and other obligations which are guaranteed under subsection (c) will—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>be issued only to investors approved by, or meeting requirements prescribed by, the Secretary, or, if an offering to the public is contemplated, be underwritten upon terms and conditions approved by the Secretary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>bear interest at a rate satisfactory to the Secretary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>contain or be subject to repayment, maturity, and other provisions satisfactory to the Secretary; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>contain or be subject to provisions with respect to the protection of the security interests of the United States, including any provisions deemed appropriate by the Secretary relating to subrogation, liens, and releases of liens, payment of taxes, cost certification procedures, escrow or trusteeship requirements, or other matters.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Secretary is authorized to establish a revolving fund <sidenote><p class="indent0 firstIndent1 fontsize8">Revolving fund, establishment.</p></sidenote> to provide for the timely payment of any liabilities incurred as a result of guarantees under subsection (c) and for the payment of obligations issued to the Secretary of the Treasury under paragraph (2) of this subsection. Such revolving fund shall be comprised of (A) receipts from fees and charges; (B) recoveries under security, subrogation, and other rights; (C) repayments, interest income, and any other receipts obtained in connection with guarantees made under subsection (c); (D) proceeds of the obligations issued to the Secretary of the Treasury pursuant to paragraph (2) of this subsection; and (E) such <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> sums, which are hereby authorized to be appropriated, as may be required for such purposes. Money in the revolving fund not currently needed for the purpose of this section shall be kept on hand or on deposit, or invested in obligations of the United States or guaranteed thereby, or in obligations, participations, or other instruments which are lawful investments for fiduciary, trust, or public funds.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary may issue obligations to the Secretary of the Treasury in an amount sufficient to enable the Secretary to carry out his functions with respect to the guarantees authorized by subsection <page identifier="/us/stat/88/724">88 <inline class="smallCaps">Stat.</inline> 724</page> (c). The obligations issued under this paragraph shall have such maturities and bear such rate or rates of interest as shall be determined by the Secretary of the Treasury. The Secretary of the Treasury is authorized and directed to purchase any obligations so issued, and for that purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act, and the purposes for which securities may be issued under that Act are extended to include purchases of the obligations <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s774">31 USC 774.</ref></p></sidenote> hereunder.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Notwithstanding any other provision of law relating to the acquisition, handling, improvement, or disposal of real and other property by the United States, the Secretary shall have power, for the protection of the interests of the fund authorized under this subsection, to pay out of such fund all expenses or charges in connection with the acquisition, handling, improvement, or disposal of any property, real or personal, acquired by him as a result of recoveries under security, subrogation, or other rights.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>The Secretary is authorized to provide, either directly or by <sidenote><p class="indent0 firstIndent1 fontsize8">Technical assistance.</p></sidenote> contract or other arrangements, technical assistance to State housing finance or State development agencies to assist them in connection with planning and carrying out development activities in furtherance of the purpose of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>All laborers and mechanics employed by contractors or subcontractors in housing or development activities assisted under this section shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a–276a–5): <proviso><i>Provided</i>, That this section shall apply to the construction of residential property only if such property is designed for residential use for eight or more families.</proviso> No assistance shall be extended under this section with respect to any development activities without first obtaining adequate assurance that these labor standards will be maintained upon the work involved in such activities. The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267), and section 2 of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/app">5 USC app.</ref></p></sidenote> Act of June 13, 1934 (40 U.S.C. 276c).</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">In the performance of, and with respect to, the functions, powers, and duties rested in him by this section, the Secretary, in addition to any authority otherwise vested to him, shall—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>have the power, notwithstanding any other provision of law, in connection with any guarantee under this section, whether before or after default, to provide by contract for the extinguishment upon default of any redemption, equitable, legal, or other right, title, or interest of a State housing finance or State development agency in any mortgage, deed, trust, or other instrument held by or on behalf of the Secretary for the protection of the security interests of the United States; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>have the power to foreclose on any property or commence any action to protect or enforce any right conferred upon him by law, contract, or other agreement, and bid for and purchase at any foreclosure or other sale any property in connection with which he has provided a guarantee pursuant to this section. In the event of any such acquisition, the Secretary may, notwithstanding any other provision of law relating to the acquisition, handling, or disposal of real property by the United States, complete, administer, remodel and convert, dispose of, lease, and otherwise deal with, such property. Notwithstanding any other provision of law, the Secretary shall also have power to pursue to final collection by way of compromise or otherwise all claims acquired by him in <page identifier="/us/stat/88/725">88 <inline class="smallCaps">Stat.</inline> 725</page> connection with any security, subrogation, or other rights obtained by him in administering this section.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>With respect to any obligation issued by a State housing finance or State development agency for which the issuer has elected to receive the benefits of the assistance provided under this section, the interest paid on such obligation and received by the purchaser thereof (or his successor in interest) shall be included in gross income for the purposes of chapter 1 of the Internal Revenue Code of 54.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 24(a)(2) of the Federal Reserve Act (as amended by section 711 of this Act) is amended by inserting the following <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 716.</p></sidenote> before the period at the end thereof: “<quotedText>, or to obligations guaranteed under section 802 of the Housing and Community Development Act of 1974</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The twelfth paragraph of section 5(c) of the Homeowners’ Loan Act of 1933 is amended by adding in the last sentence immediately <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464.</ref></p></sidenote> after the words “<quotedText>or under part B of the Urban Growth and New Community Development Act of 1970</quotedText>” the following: “<quotedText>or under section 802 of the Housing and Community Development Act of 1974</quotedText>”.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">new community program amendments</inline></heading> <num value="803"><inline class="smallCaps">Sec.</inline> 803.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Part B of title VII of the Housing and Urban Development Act of 1970 is amended by striking out “<quotedText>Community <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4511">42 USC 4511.</ref></p></sidenote> Development Corporation</quotedText>” wherever it appears and inserting in lieu thereof “<quotedText>New Community Development Corporation</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The heading of section 729 of such Act is amended by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4532">42 USC 4532.</ref></p></sidenote> “<quotedText><inline class="smallCaps">new</inline></quotedText>” before “<quotedText><inline class="smallCaps">community</inline></quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 729(b) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>five members</quotedText>” in the matter preceding paragraph (1) and inserting in lieu thereof “<quotedText>seven members</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>three persons</quotedText>” in paragraph (3) and inserting in lieu thereof “<quotedText>five persons</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The last sentence of section 713(a) of such Act is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4514">42 USC 4514.</ref></p></sidenote> striking out “<quotedText>in amounts</quotedText>” and all that follows and inserting in lieu thereof “<quotedText>in amounts equal to 30 per centum of the interest paid on such obligations.</quotedText>”</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 718(c) of such Act is amended by inserting before the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4519">42 USC 4519.</ref></p></sidenote> period at the end thereof the following: “<quotedText>, or a project or portion of a project consisting of the purchase, renovation, or construction of facilities, the purchase of land, or the acquisition of equipment or works of art assisted by contracts or grants under section 5 of the National Foundation on the Arts and the Humanities Act of 1965</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s954">20 USC 954.</ref></p></sidenote></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>Section 711(f) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4512">42 USC 4512.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>sewage disposal</quotedText>” in the first and second sentences and inserting in lieu thereof “<quotedText>sewage or waste disposal</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>community or neighborhood central heating or air-conditioning systems,</quotedText>” after “<quotedText>storm drainage facilities,</quotedText>” in the first sentence; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by inserting “<quotedText>, a community or neighborhood central heating or air-conditioning system,</quotedText>” after “<quotedText>disposal installation</quotedText>” in the second sentence.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">expansion of experimental housing allowance program</inline></heading> <num value="804"><inline class="smallCaps">Sec.</inline> 804.</num> <content>Section 504 of the Housing and Urban Development Act of 1970 is amended to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701z–3">12 USC 1701z–3.</ref></p></sidenote> <page identifier="/us/stat/88/726">88 <inline class="smallCaps">Stat.</inline> 726</page> <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“housing allowances</inline></heading> <num value="504"><inline class="smallCaps">“Sec.</inline> 504.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Secretary is authorized to undertake on an experimental basis programs to demonstrate the feasibility of providing housing allowance payments to assist families in meeting rental or homeownership expenses.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>For the purpose of carrying out this section, the Secretary is authorized to make, and to contract to make, housing allowance payments to or on behalf of participating families. No housing allowance <sidenote><p class="indent0 firstIndent1 fontsize8">Time limitation.</p> <p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> payments shall be made after July 1, 1985. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, including such sums as may be necessary to make payments as provided for in contracts entered into under this section and such sums as may be necessary to cover administrative costs. The aggregate amount of contracts to make housing allowance payments shall not exceed amounts approved in appropriation Acts, and payments pursuant to such contracts shall not exceed $40,000,000 per annum. After January 1, 1975, the Secretary shall not enter into contracts under the United States Housing Act of 1937 to carry out the purposes <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 653.</p></sidenote>of this section. The Secretary may contract with public or private agencies for the performance of administrative functions in connection with the programs authorized by this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary shall report to the Congress on his findings pursuant to this section not later than eighteen months after the enactment of the Housing and Community Development Act of 1974.”</content></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">federal home loan mortgage corporation amendments</inline></heading> <num value="805"><inline class="smallCaps">Sec.</inline> 805.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 305(a)(1) of the Federal Home Loan Mortgage Corporation Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1454">12 USC 1454.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>, and to hold</quotedText>” and inserting in lieu thereof the following: “<quotedText>. The Corporation may hold</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the period after “<quotedText>therein</quotedText>” and inserting in lieu thereof the following: “<quotedText>, and the servicing on any such mortgage may be performed by the seller or by a financial institution qualified as a seller under the provisions of the preceding sentence, or by a mortgagee approved by the Secretary of Housing and Urban Development for participation in any mortgage insurance program under the National Housing Act, with which <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701">12 USC 1701</ref> and note.</p></sidenote> institution or mortgagee the seller may contract.</quotedText>”</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 305(a)(2) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>75 per centum</quotedText>” each place it appears in the first sentence and inserting in lieu thereof “<quotedText>80 per centum</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>private</quotedText>” in clause (C) of the first sentence;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>10 per centum</quotedText>” in the third sentence and inserting in lieu thereof “<quotedText>20 per centum</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>by striking out “<quotedText>which are comparable to the limitations which would be applicable if the mortgage were insured by the Secretary of Housing and Urban Development under section 203 (b) or 207 of the National Housing Act</quotedText>” in the fourth sentence <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1709/s1713">12 USC 1709, 1713.</ref></p></sidenote> and inserting in lieu thereof the following: “<quotedText>, but such limitations shall not exceed the limitations contained in the first proviso to the first sentence of section 5(c) of the Home Owners’ Loan Act of 1933</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464.</ref></p></sidenote></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 5136 of the Revised Statutes is amended by inserting <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s24">12 USC 24.</ref></p></sidenote> immediately after “<quotedText>Government National Mortgage Association</quotedText>” in paragraph Seventh thereof the following: “<quotedText>, or mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><i>Supra.</i></p></sidenote></paragraph> <page identifier="/us/stat/88/727">88 <inline class="smallCaps">Stat.</inline> 727</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 11(h) of the Federal Home Loan Bank Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1431">12 USC 1431.</ref></p></sidenote> by inserting immediately after “<quotedText>Government National Mortgage Association</quotedText>” the following: “<quotedText>, in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act</quotedText>”.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1454/s1455">12 USC 1454, 1455.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 16 of the Federal Home Loan Bank Act is amended by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1436">12 USC 1436.</ref></p></sidenote> inserting immediately after “<quotedText>Government National Mortgage Association</quotedText>” the following: “<quotedText>, in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Section 5(c) of the Home Owners’ Loan Act of 1933 is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1464">12 USC 1464.</ref></p></sidenote> by inserting immediately after “<quotedText>Federal Home Loan Bank</quotedText>” in the first paragraph the following: “<quotedText>, or in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or 306 of the Federal Home Loan Mortgage Corporation Act</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>Section 107(8)(E) of the Federal Credit Union Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1757">12 USC 1757.</ref></p></sidenote> by inserting immediately after “<quotedText>Government National Mortgage Association</quotedText>” the following: “<quotedText>; or in mortgages, obligations, or other securities which are or ever have been sold by the Federal Home Loan Mortgage Corporation pursuant to section 305 or section 306 of the Federal Home Loan Mortgage Corporation Act;</quotedText>”.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">federal national mortgage association amendments</inline></heading> <num value="806"><inline class="smallCaps">Sec.</inline> 806.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 302(a)(2) of the National Housing Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1717">12 USC 1717.</ref></p></sidenote> amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>the effective date established pursuant to section 808 of the Housing and Urban Development Act of 1968</quotedText>” in the matter preceding subparagraph (A) and inserting in lieu thereof “<quotedText>September 1, 1968</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>effective</quotedText>” in subparagraphs (A) and (B).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The third sentence of section 302(a)(2)(B) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>or the metropolitan area thereof</quotedText>” immediately after “<quotedText>District of Columbia</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>jurisdiction and</quotedText>” immediately before “<quotedText>venue</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out “<quotedText>resident thereof</quotedText>” and inserting in lieu thereof “<quotedText>District of Columbia corporation</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 302(b)(2) of such Act is amended by striking out “<quotedText>75 per centum</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>80 per centum</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Clause (C) of the second sentence of section 302(b)(2) of such Act is amended by striking out “<quotedText>private</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The fourth sentence of section 302(b)(2) of such Act is amended by striking out “<quotedText>10 per centum</quotedText>” and inserting in lieu thereof “<quotedText>20 per centum</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>The last sentence of section 302(b)(2) of such Act is amended by striking out “<quotedText>which are comparable to the limitations which would be applicable if the mortgage were insured by the Secretary of Housing and Urban Development under section 203(b) or 207 of the National Housing Act</quotedText>” and inserting in lieu thereof the following: “<quotedText>, but such limitations shall not exceed the limitations contained in the first proviso of the first sentence of section 5(c) of the Home Owners Loan Act of 1933</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <chapeau>Section 303(a) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1718">12 USC 1718.</ref></p></sidenote></chapeau> <page identifier="/us/stat/88/728">88 <inline class="smallCaps">Stat.</inline> 728</page> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out all of the first sentence which follows “<quotedText>directors</quotedText>” and inserting in lieu thereof a period; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out everything after the second sentence.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <chapeau>Section 303(c) of such Act is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1718">12 USC 1718.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>the effective date established pursuant to section 808 of the Housing and Urban Development Act of 1968</quotedText>” in the fourth sentence and inserting in lieu thereof “<quotedText>September 1, 1968,</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out the proviso in the last sentence.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>Subsections (d) and (e) of section 303 of such Act are repealed.<sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p></sidenote></content></subsection> <subsection class="indent0 fontsize10"><num value="j">(j)</num> <content>The last sentence of section 304(a)(1) of such Act is amended <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1719">12 USC 1719.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–8">12 USC 1715z–8.</ref></p></sidenote> by striking out “<quotedText>section 502 of the Emergency Home Finance Act of 1970</quotedText>” and inserting in lieu thereof “<quotedText>section 243 of the National Housing Act</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="k">(k)</num> <chapeau>Except with respect to any person receiving an annuity on the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1723a">12 USC 1723a</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1723a">12 USC 1723a.</ref></p></sidenote> date of the enactment of this Act, section 309(d)(2) of such Act is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>the termination of the transitional period referred to in section 810(b) of the Housing and Urban Development Act of 1968</quotedText>” and inserting in lieu thereof “<quotedText>January 31, 1972,</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting “<quotedText>positions listed</quotedText>” immediately before “<quotedText>in section 5312</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by inserting before the period at the end of the next to last sentence the following: “<quotedText>: <proviso><i>Provided</i>, That with respect to any person whose employment is made subject to the civil service retirement law by section 806 of the Housing and Community Development Act of 1974, there shall not be considered for the purposes of such law that portion of his basic pay in any one year which exceeds the basic pay provided for positions listed in section 5316 of such title 5 on the last day of such year</proviso></quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="l">(l)</num> <content>Subsections (b) and (c) of section 810 of the Housing and Urban <sidenote><p class="indent0 firstIndent1 fontsize8">Repeal.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1716b/note">12 USC 1716b</ref> note.</p></sidenote> Development Act of 1968 are repealed.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">limitation on dollar amount of gnma-purchased mortgages</inline></heading> <num value="807"><inline class="smallCaps">Sec.</inline> 807.</num> <content>Clause (3) of the proviso in the first sentence of section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1717">12 USC 1717.</ref></p></sidenote> 302(b)(1) of the National Housing Act is amended by striking out “<quotedText>$22,000</quotedText>” and inserting in lieu thereof the following: “<quotedText>$33,000 (or such higher amount not in excess of $38,000 as the Secretary may by regulation specify in any geographical area where he finds that cost levels so require)</quotedText>”.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibition against discrimination on account of sex in extension of mortgage assistance; fair housing</inline></heading> <num value="808"><inline class="smallCaps">Sec.</inline> 808.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Title V of the National Housing Act is (as amended by sections 301 and 305 of this Act) is amended by adding at the end <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> pp. 676, 678.</p></sidenote> thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“prohibition against discrimination on account of sex in extension of mortgage assistance</inline></heading> <num value="527"><inline class="smallCaps">“Sec.</inline> 527.</num> <chapeau>No federally related mortgage loan, or Federal insurance, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1735f–5">12 USC 1735f–5.</ref></p></sidenote> guaranty, or other assistance in connection therewith (under this or any other Act), shall be denied to any person on account of sex; and every person engaged in making mortgage loans secured by residential real property shall consider without prejudice the combined income of both husband and wife for the purpose of extending mort-<page identifier="/us/stat/88/729">88 <inline class="smallCaps">Stat.</inline> 729</page>gage credit in the form of a federally related mortgage loan to a married couple or either member thereof.</chapeau> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <chapeau>For purposes of subsection (a), the term ‘federally related <sidenote><p class="indent0 firstIndent1 fontsize8">“Federally related mortgage loan.”</p></sidenote> mortgage loan’ means any loan which—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>is secured by residential real property designed principally for the occupancy of from one to four families; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">is made in whole or in part by any lender the deposits or accounts of which are insured by any agency of the Federal Government, or is made in whole or in part by any lender which is itself regulated by any agency of the Federal Government; or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">“(B)</num> <content>is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by the Secretary of Housing and Urban Development or any other officer or agency of the Federal Government or under or in connection with a housing or urban development program administered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such officer or agency; or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">“(C)</num> <content>is eligible for purchase by the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation, or from any financial institution from which it could be purchased by the Federal Home Loan Mortgage Corporation; or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">“(D)</num> <content>is made in whole or in part by any ‘creditor’, as defined in section 103(f) of the Consumer Credit Protection Act of 1968 (15 U.S.C. 1602(f)), who makes or invests in residential real estate loans aggregating more than $1,000,000 per year.”</content></subparagraph></paragraph></subsection></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Subsections (a), (b), (c), (d), and (e) of section 804 of the Act entitled “<quotedText>An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes</quotedText>”, approved April 11, 1968 (42 U.S.C. 3604), are amended by inserting a comma and the word “<quotedText>sex</quotedText>” immediately after the word “<quotedText>religion</quotedText>” each time it appears.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 805 of such Act is amended by inserting a comma and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3605">42 USC 3605.</ref></p></sidenote> the word “<quotedText>sex</quotedText>” immediately after the word “<quotedText>religion</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Section 806 of such Act is amended by inserting a comma and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3606">42 USC 3606.</ref></p></sidenote> the word “<quotedText>sex</quotedText>” immediately after the word “<quotedText>religion</quotedText>”.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Subsection (a), paragraph (1) of subsection (b), and subsection (c) of section 901 of such Act are amended by inserting a comma <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3631">42 USC 3631.</ref></p></sidenote> and the word “<quotedText>sex</quotedText>” immediately after the word “<quotedText>religion</quotedText>” each time it appears.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">national institute of building sciences</inline></heading> <num value="809"><inline class="smallCaps">Sec.</inline> 809.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Congress finds (A) that the lack of an <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701j–2">12 USC 1701j–2.</ref></p></sidenote> authoritative national source to make findings and to advise both the public and private sectors of the economy with respect to the use of building science and technology in achieving nationally acceptable standards and other technical provision for use in Federal, State, and local housing and building regulations is an obstacle to efforts by and imposes severe burdens upon all those who procure, design, construct, use, operate, maintain, and retire physical facilities, and frequently results in the failure to take full advantage of new and useful developments in technology which could improve our living environment;(B) that the establishment of model buildings codes or of a single national building code will not completely resolve the problem because of the difficulty at all levels of government in updating their housing and building regulations to reflect new developments in technology, as well as the irregularities and inconsistencies which arise in applying such requirements to particular localities or special local conditions; (C) that the lack of uniform housing and building regulatory provisions increases the costs of construction and thereby reduces the amount <page identifier="/us/stat/88/730">88 <inline class="smallCaps">Stat.</inline> 730</page> of housing and other community facilities which can be provided; and (D) that the existence of a single authoritative nationally recognized institution to provide for the evaluation of new technology could facilitate introduction of such innovations and their acceptance at the Federal, State, and local levels.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Congress further finds, however, that while an authoritative source of technical findings is needed, various private organizations and institutions, private industry, labor, and Federal and other governmental agencies and entities are presently engaged in building research, technology development, testing, and evaluation, standards and model code development and promulgation, and information dissemination. These existing activities should be encouraged and these capabilities effectively utilized wherever possible and appropriate to the purposes of this section.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Congress declares that an authoritative nongovernmental instrument needs to be created to address the problems and issues described in paragraph (1), that the creation of such an instrument should be initiated by the Government, with the advice and assistance of the National Academy of Sciences-National Academy of Engineering-National Research Council (hereinafter referred to as the “Academies-Research Council”) and of the various sectors of the building community, including labor and management, technical experts in building science and technology, and the various levels of government.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">There is authorized to be established, for the purposes <sidenote><p class="indent0 firstIndent1 fontsize8">National Institute of Building Sciences.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> described in subsection (a)(3), an appropriate nonprofit, nongovernmental instrument to be known as the National Institute of Building Sciences (hereinafter referred to as the “Institute”), which shall not be an agency or establishment of the United States Government. The Institute shall be subject to the provisions of this section and, to the extent consistent with this section, to a charter of the Congress if such a charter is requested and issued or to the District of Columbia Non-profit Corporation Act if that is deemed preferable.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/dcc/29/1001">D.C. Code 29–1001.</ref></p></sidenote></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Academies-Research Council, along with other agencies and organizations which are knowledgeable in the field of building technology, shall advise and assist in (A) the establishment of the Institute; (B) the development of an organizational framework to encourage and provide for the maximum feasible participation of public and private scientific, technical, and financial organizations, institutions, and agencies now engaged in activities pertinent to the development, promulgation, and maintenance of performance criteria, standards, and other technical provisions for building codes and other regulations; and (C) the promulgation of appropriate organizational rules and procedures including those for the selection and operation of a technical staff, such rules and procedures to be based upon the primary object of promoting the public interest and insuring that the widest possible variety of interests and experience essential to the functions of the Institute are represented in the Institute’s operations. Recommendations of the Academies-Research Council shall be based upon consultations with and recommendations from various private organizations and institutions, labor, private industry, and governmental agencies entities operating in the field, and the Consultative Council as provided for under subsection (c)(8).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Nothing in this section shall be construed as expressing the intent of the Congress that the Academies-Research Council itself be required to assume any function or operation vested in the Institute by or under this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Institute shall have a Board of Directors (hereinafter <sidenote><p class="indent0 firstIndent1 fontsize8">Board of Directors.</p></sidenote> referred to as the “Board”) consisting of not less than fifteen nor more than twenty-one members, appointed by the President of the United <page identifier="/us/stat/88/731">88 <inline class="smallCaps">Stat.</inline> 731</page> States by and with the advice and consent of the Senate. The Board shall be representative of the various segments of the building community, of the various regions of the country, and of the consumers who are or would be affected by actions taken in the exercise of the functions and responsibilities of the Institute, and shall include (A) representatives of the construction industry, including representatives of construction labor organizations, product manufacturers, and builders, housing management experts, and experts in building standards, codes, and fire safety, and (B) members representative of the public interest in such numbers as may be necessary to assure that a majority of the members of the Board represent the public interest and that there is adequate consideration by the Institute of consumer interests in the exercise of its functions and responsibilities. Those representing the public interest on the Board shall include architects, professional engineers, officials of Federal, State, and local agencies, and representatives of consumer organizations. Such members of the Board shall hold no financial interest or membership in, nor be employed by, or receive other compensation from, any company, association, or other group associated with the manufacture, distribution, installation, or maintenance of specialized building products, equipment, systems, subsystems, or other construction materials and techniques for which there are available substitutes.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The members of the initial Board shall serve as incorporators and shall take whatever actions are necessary to establish the Institute as provided for under subsection (b)(1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The term of office of each member of the initial and succeeding <sidenote><p class="indent0 firstIndent1 fontsize8">Term of office.</p></sidenote> Boards shall be three years; except that (A) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (B) the terms of office of members first taking office shall begin on the date of incorporation and shall expire, as designated at the time of their appointment, one-third at the end of one year, one-third at the end of two years, and one-third at the end of three years. No member shall be eligible to serve in excess of three consecutive terms of three years each. Notwithstanding the preceding provisions of this subsection, a member whose term has expired may serve until his successor has qualified.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>Any vacancy in the initial and succeeding Boards shall not <sidenote><p class="indent0 firstIndent1 fontsize8">Vacancies.</p></sidenote> affect its power, but shall be filled in the manner in which the original appointments were made, or, after the first five years of operation, as provided for by the organizational rules and procedures of the Institute.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The President shall designate one of the members appointed to <sidenote><p class="indent0 firstIndent1 fontsize8">Chairman.</p></sidenote> the initial Board as Chairman; thereafter, the members of the initial and succeeding Boards shall annually elect one of their number as Chairman. The members of the Board shall also elect one or more of their Members as Vice Chairman. Terms of the Chairman and Vice Chairman shall be for one year and no individual shall serve as Chairman or Vice Chairman for more than two consecutive terms.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The members of the initial or succeeding Boards shall not, by <sidenote><p class="indent0 firstIndent1 fontsize8">Compensation and travel expenses.</p></sidenote> reason of such membership, be deemed to be employees of the United States Government. They shall, while attending meetings of the Board or while engaged in duties related to such meetings or in other activities of the Board pursuant to this section, be entitled to receive compensation at the rate of $100 per day including traveltime, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, equal to that authorized under section 5703 of title 5, United States Code, for persons in the Government service employed intermittently.</content></paragraph> <page identifier="/us/stat/88/732">88 <inline class="smallCaps">Stat.</inline> 732</page> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <content>The Institute shall have a president and such other executive officers and employees as may be appointed by the Board at rates of compensation fixed by the Board. No such executive officer or employee may receive any salary or other compensation from any source other than the Institute during the period of his employment by the Institute.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <content>The Institute shall establish, with the advice and assistance of <sidenote><p class="indent0 firstIndent1 fontsize8">Consultative Council.</p> <p class="indent0 firstIndent1 fontsize8">Establishment.</p></sidenote> the Academies-Research Council and other agencies and organizations which are knowledgeable in the field of building technology, a Consultative Council, membership in which shall be available to representatives of all appropriate private trade, professional, and labor organizations, private and public standards, code, and testing bodies, public regulatory agencies, and consumer groups, so as to insure a direct line of communication between such groups and the Institute and a vehicle for representative hearings on matters before the Institute.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Institute shall have no power to issue any shares of stock, or to declare or pay any dividends.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>No part of the income or assets of the Institute shall inure to the benefit of any director, officer, employee, or other individual except as salary or reasonable compensation for services.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Institute shall not contribute to or otherwise support any political party or candidate for elective public office.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The Institute shall exercise its functions and responsibilities in four general areas, relating to building regulations, as follows:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>Development, promulgation, and maintenance of nationally recognized performance criteria, standards, and other technical provisions for maintenance of life, safety, health, and public welfare suitable for adoption by building regulating jurisdictions and agencies, including test methods and other evaluative techniques relating to building systems, subsystems, components, products, and materials with due regard for consumer problems.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>Evaluation and prequalification of existing and new building technology in accordance with subparagraph (A).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>Conduct of needed investigations in direct support of subparagraphs (A) and (B).</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>Assembly, storage, and dissemination of technical data and other information directly related to subparagraphs (A), (B), and (C).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Institute in exercising its functions and responsibilities described in paragraph (1) shall assign and delegate, to the maximum extent possible, responsibility for conducting each of the needed activities described in paragraph (1) to one or more of the private organizations, institutions, agencies, and Federal and other governmental entities with a capacity to exercise or contribute to the exercise of such responsibility, monitor the performance achieved through assignment and delegation, and, when deemed necessary, reassign and delegate such responsibility.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Institute in exercising its functions and responsibilities under paragraphs (1) and (2) shall (A) give particular attention to the development of methods for encouraging all sectors of the economy to cooperate with the Institute and to accept and use its technical findings, and to accept and use the nationally recognized performance criteria, standards, and other technical provisions developed for use in Federal, State, and local building codes and other regulations which result from the program of the Institute; (B) seek to assure that its actions are coordinated with related requirements which are imposed in connection with community and environmental development generally; and (C) consult with the Department of Justice and other agen-<page identifier="/us/stat/88/733">88 <inline class="smallCaps">Stat.</inline> 733</page>cies of government to the extent necessary to insure that the national interest is protected and promoted in the exercise of its functions and responsibilities.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Institute is authorized to accept contracts and grants <sidenote><p class="indent0 firstIndent1 fontsize8">Contracts and grants.</p></sidenote> from Federal, State, and local governmental agencies and other entities, and grants and donations from private organizations, institutions, and individuals.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Institute may, in accordance with rates and schedules established <sidenote><p class="indent0 firstIndent1 fontsize8">Fees.</p></sidenote> with guidance as provided under subsection (b)(2), establish fees and other charges for services provided by the Institute or under its authorization.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Amounts received by the Institute under this section shall be in addition to any amounts which may be appropriated to provide its initial operating capital under subsection (h).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Every department, agency, and establishment of the Federal Government, in carrying out any building or construction, or any building- or construction-related programs, which involves direct expenditures, and in developing technical requirements for any such building or construction, shall be encouraged to accept the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute, which may be applicable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>All projects and programs involving Federal assistance in the form of loans, grants, guarantees, insurance, or technical aid, or in any other form, shall be encouraged to accept, use, and comply with any of the technical findings of the Institute, or any nationally recognized performance criteria, standards, and other technical provisions for building codes and other regulations brought about by the Institute, which may be applicable to the purposes for which the assistance is to be used.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Every department, agency, and establishment of the Federal Government having responsibility for building or construction, or for building- or construction-related programs, is authorized and encouraged to request authorization and appropriations for grants to the Institute for its general support, and is authorized to contract with and accept contracts from the Institute for specific services where deemed appropriate by the responsible Federal official involved.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Institute shall establish and carry on a specific and continuing program of cooperation with the States and their political subdivisions designed to encourage their acceptance and its technical findings and of nationally recognized performance criteria, standards, and other technical provisions for building regulations brought about by the Institute. Such program shall include (A) efforts to encourage any changes in existing State and local law to utilize or embody such findings and regulatory provisions; and (B) assistance to States in the development of inservice training programs for building officials, and in the establishment of fully staffed and qualified State technical agencies to advise local officials on questions of technical interpretation.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>There is authorized to be appropriated to the Institute not to <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> exceed $5,000,000 for the fiscal year 1975, and $5,000,000 for the fiscal year 1976 (with each appropriation to be available until expended), to provide the Institute with initial capital adequate for the exercise of its functions and responsibilities during such years; and thereafter the Institute shall be financially self-sustaining through the means described in subsection (f).</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <content>The Institute shall submit an annual report for the preceding <sidenote><p class="indent0 firstIndent1 fontsize8">Annual report to President.</p></sidenote> fiscal year to the President for transmittal to the Congress within sixty days of its receipt. The report shall include a comprehensive and detailed report of the Institute’s operations, activities, financial con-<page identifier="/us/stat/88/734">88 <inline class="smallCaps">Stat.</inline> 734</page>dition, and accomplishments under this section and may include such recommendations as the Institute deems appropriate.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">urban homesteading</inline></heading> <num value="810"><inline class="smallCaps">Sec.</inline> 810.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Notwithstanding any other provision of law, the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1706e">12 USC 1706e.</ref></p></sidenote> of Housing and Urban Development (hereinafter referred to as the “Secretary”) is authorized to transfer without payment to a unit of general local government or a State, or a public agency designated by a unit of general local government or a State, any real property—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>which is improved by a one- to four-family residence;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to which the Secretary holds title;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>which is not occupied;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>which is requested by such unit, State, or agency for use in an urban homestead program; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <chapeau>which the Secretary determines is suitable for use in an urban homestead program which meets the requirements of subsection (b). In determining the suitability of such property for use in an urban homestead program, the Secretary shall consider—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the difficulties and delays which would be involved in the sale of the property;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the value of any repairs and improvements required by the program;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the benefits to the community and the reduced administrative costs to the Federal Government which would accrue from the expedited occupancy of the unoccupied property; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>the possible financial loss to the Federal Government which may result from the transfer of the property without payment.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For the purposes of subsections (a) and (c), the Secretary shall approve an urban homestead program carried out by a unit of general local government or a State or a public agency designated by a unit of general local government or a State, which provides for—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the conditional conveyance of unoccupied residential property by the responsible administrative entity to an individual or a family without any substantial consideration;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>an equitable procedure for selecting the recipients of the unoccupied residential property, giving special consideration to the recipients’ need for housing and capacity to make or cause to be made the repairs and improvements required under paragraph (3)(C) of this subsection;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>an agreement whereby the individual or family to whom such property is conveyed agrees to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>occupy such property as a principal residence for a period of not less than three years;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>make repairs required to meet minimum health and safety standards for occupancy prior to occupying the property;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>make such repairs and improvements to the property as may be necessary to meet applicable local standards for decent, safe, and sanitary housing within eighteen months after occupying the property; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>permit reasonable periodic inspections at reasonable times by employees of the unit of general local government or State or the public agency designated by the unit of general local government or State for the purpose of determining compliance with the agreement;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the revocation of such conveyance upon any material breach of the agreement referred to in paragraph (3);</content></paragraph> <page identifier="/us/stat/88/735">88 <inline class="smallCaps">Stat.</inline> 735</page> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>the conveyance from the unit of general local government or State or the public agency designated by the unit of general local government or State of fee simple title to such property without consideration upon compliance with the agreement; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>a coordinated approach toward neighborhood improvement through the homestead program and the upgrading of community services and facilities.</content></paragraph> <continuation class="indent0 fontsize10">The Secretary may approve such other programs as he determines to reasonably fulfill these criteria.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary is authorized to enter into agreements with units of general local government or States or public agencies designated by units of general local government or State to provide technical assistance for the administration of urban homestead programs which meet the requirements of subsection (b) and to individuals and families who are participants in such programs.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>The Secretary is authorized to issue such rules and regulations <sidenote><p class="indent0 firstIndent1 fontsize8">Rules and regulations.</p></sidenote> as may be necessary to carry out his functions under this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The Secretary shall conduct a continuing evaluation of programs <sidenote><p class="indent0 firstIndent1 fontsize8">Continuing evaluation.</p></sidenote> carried out pursuant to this section and, beginning with the third year commencing after the date of enactment of this section, shall transmit <sidenote><p class="indent0 firstIndent1 fontsize8">Report, transmittal to Congress.</p></sidenote> to the Congress an annual report containing a summary of his evaluation of such programs and his recommendations for future conduct of such programs.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>In order to facilitate planning for purposes of this section, the Secretary shall, upon request of a unit of general local government or a State or a public agency designated by a unit of general local government or a State, provide a listing of all unoccupied one- to four-family residences to which the Secretary holds title and which are located within the geographic jurisdiction of such unit, State, or agency.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>To reimburse the housing loan funds for properties transferred <sidenote><p class="indent0 firstIndent1 fontsize8">Appropriation.</p></sidenote> pursuant to this section, and to carry out the provisions of subsection (c), there are authorized to be appropriated not to exceed $5,000,000 for the fiscal year 1975, and not to exceed $5,000,000 for the fiscal year 1976. Any amounts so appropriated shall remain available until expended.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">counseling and technical assistance</inline></heading> <num value="811"><inline class="smallCaps">Sec.</inline> 811.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 106 of the Housing and Urban Development Act of 1968 is amended by rewriting the heading to read as follows:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701x">12 USC 1701x.</ref></p></sidenote> “<quotedText>Technical Assistance, Counseling to Tenants and Homeowners, and Loans to Sponsors of Low- and moderate-income Housing</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Section 106(a)(1)(iii) of such Act is amended to read as follows: <quotedContent> <clause class="indentUp1 fontsize10"><num value="iii">“(iii)</num> <content>counseling and advice to tenants and homeowners with respect to property maintenance, financial management, and such other matters as may be appropriate to assist them in improving their housing conditions and in meeting the responsibilities of tenancy or homeownership; and”.</content></clause> </quotedContent> </content> </paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Section 106(a) of such Act is amended by redesignating paragraph (2) as paragraph (3) and inserting immediately after paragraph (1) the following new paragraph: <quotedContent> <paragraph class="indent0 fontsize10"><num value="2">“(2)</num> <content>The Secretary shall provide the services described in clause (iii) of paragraph (1) for homeowners assisted under section 235 of the National Housing Act. For purposes of this paragraph and clause <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z">12 USC 1715z.</ref></p></sidenote> (iii) of paragraph (1), the Secretary may provide the services described in such clause directly or may enter into contracts with, make grants to, and provide other types of assistance to private or public organizations with special competence and knowledge in counseling low- and moderate-income families to provide such services.”</content></paragraph> </quotedContent> </content> </paragraph> </subsection> <page identifier="/us/stat/88/736">88 <inline class="smallCaps">Stat.</inline> 736</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Section 106(a)(1) of such Act is further amended by adding <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 735.</p></sidenote> at the end thereof the following new subparagraph: <quotedContent> <clause class="indentUp1 fontsize10"><num value="iv">“(iv)</num> <content>the provision of technical assistance to communities, particularly smaller communities, to assist such communities in planning, developing, and administering Community Development Programs pursuant to title I of the Housing and Community Development Act of 1974.”<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 633.</p></sidenote></content></clause> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Section 106(a)(3) of such Act (as redesignated by subsection (b)(2) of this section) is amended by striking out “<quotedText>not to exceed $5,000,000</quotedText>” and inserting in lieu thereof “<quotedText>such sums as may be necessary</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>Section 106(b)(1) of such Act is amended by inserting “<quotedText>or public housing agencies</quotedText>” immediately after “<quotedText>nonprofit organizations</quotedText>”.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>Section 106(b)(2) of such Act is amended by inserting “<quotedText>or public housing agency</quotedText>” immediately after “<quotedText>nonprofit organization</quotedText>”.</content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">interstate land sales</inline></heading> <num value="812"><inline class="smallCaps">Sec.</inline> 812.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 1402 of the Housing and Urban Development <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1701">15 USC 1701.</ref></p></sidenote> Act of 1968 is amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting after “<quotedText>land</quotedText>” where it first appears in paragraph (3) the following: “<quotedText>, located in any State or in a foreign country,</quotedText>”; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by inserting before the semicolon at the end of paragraph (7) the following: “<quotedText>or between any foreign country and any State</quotedText>”.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 1403(a) of such Act is amended by striking out “<quotedText>or</quotedText>” <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1702">15 USC 1702.</ref></p></sidenote> at the end of paragraph (9), by striking out the period at the end of paragraph (10) and inserting in lieu thereof “<quotedText>; or</quotedText>”, and by adding after paragraph (10) the following new paragraph: <quotedContent> <paragraph class="indentUp1 fontsize10"><num value="11">“(11)</num> <chapeau>the sale or lease of real estate which is zoned by the appropriate <sidenote><p class="indent0 firstIndent1 fontsize8">Real estate, sale or lease.</p></sidenote> governmental authority for industrial or commercial development, when—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">“(A)</num> <content>local authorities have approved access from such real estate to a public street or highway;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">“(B)</num> <content>the purchaser or lessee of such real estate is a duly organized corporation, partnership, trust, or business entity engaged in commercial or industrial business;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">“(C)</num> <content>the purchaser or lessee of such real estate is represented in the transaction of sale or lease by a representative of its own selection;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">“(D)</num> <content>the purchaser or lessee of such real estate affirms in writing to the seller that it either (i) is purchasing or leasing such real estate substantially for its own use or (ii) has a binding commitment to sell, lease, or sublease such real estate to an entity which meets the requirements of subparagraph (B), is engaged in commercial or industrial business, and is not affiliated with the seller or agent; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">“(E)</num> <content>a policy of title insurance or title opinion is issued in connection with the transaction showing that title to the real estate purchased or leased is vested in the seller or lessor, subject only to such exceptions as may be approved in writing by such purchaser or the lessee prior to recordation of the instrument of conveyance or execution of the lease, but (i) nothing herein shall be construed as requiring the recordation of a lease, and (ii) any purchaser or lessee may waive, in <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> writing in a separate document, the requirement of this subparagraph that a policy of title insurance or title opinion be issued in connection with the transaction.”</content></subparagraph></paragraph> </quotedContent> </content> </subsection> <page identifier="/us/stat/88/737">88 <inline class="smallCaps">Stat.</inline> 737</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The second sentence of section 1404(b) of such Act is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1703">15 USC 1703.</ref></p></sidenote> amended—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>by striking out “<quotedText>within forty-eight hours</quotedText>” where it first appears and inserting in lieu thereof “<quotedText>until midnight of the third business day following the consummation of the transaction</quotedText>”; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>by striking out all after “<quotedText>provide</quotedText>” and inserting in lieu thereof a period.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The amendments made by paragraph (1) shall be effective sixty <sidenote><p class="indent0 firstIndent1 fontsize8">Effective date.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1703">15 USC 1703</ref> note.</p></sidenote> days after the date of the enactment of this Act.</content></paragraph></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mass transportation</inline></heading> <num value="813"><inline class="smallCaps">Sec.</inline> 813.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Section 3 of the Urban Mass Transportation Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602">49 USC 1602.</ref></p></sidenote> of 1964 is amended by adding at the end thereof the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="f">“(f)</num> <content>No Federal financial assistance under this Act may be provided for the purchase of buses unless the applicant or any public body receiving such assistance for the purchase of buses, or any publicly owned operator receiving such assistance, shall as a condition of such assistance enter into an agreement with the Secretary that such public body, or any operator of mass transportation for such public body, will not engage in charter bus operations outside the urban area within which it provides regularly scheduled mass transportation service, except as provided in the agreement authorized by this subsection. Such agreement shall provide for fair and equitable arrangements, appropriate in the judgment of the Secretary, to assure that the financial assistance granted under this Act will not enable public bodies and publicly and privately owned operators for public bodies to foreclose private operators from the intercity charter bus industry where such private operators are willing and able to provide such service. In addition to any other remedies specified in the agreement, the Secretary shall have the authority to bar a grantee or operator from the receipt of further financial assistance for mass transportation facilities and equipment where he determines that there has been a continuing pattern of violations of the terms of agreement. Upon receiving a complaint regarding an alleged violation, the Secretary shall investigate and shall determine whether a violation has occurred. Upon determination that a violation has occurred, he shall take appropriate action to correct the violation under the terms and conditions of the agreement.”.</content></subsection> </quotedContent> </content> </subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Section 164(a) of the Federal-Aid Highway Act of 1973 is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602a">49 USC 1602a.</ref></p></sidenote> amended—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by inserting “<quotedText>or</quotedText>” before “<quotedText>(2)</quotedText>” in the first sentence;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out “<quotedText>or (3) the Urban Mass Transportation Act of 1964,</quotedText>” in the first sentence; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by striking out all after the word “<quotedText>operations</quotedText>” in the first sentence and all of the second sentence, and inserting in lieu thereof “<quotedText>outside of the urban area (or areas) within which it provides regularly scheduled mass transportation service, except as provided in an agreement authorized and required by section 3(f) of the Urban Mass Transportation Act of 1964, which section shall apply to Federal financial assistance for the purchase of buses under the provisions of title 23, United States Code, referred <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101</ref> <i>et seq.</i></p></sidenote> to in clauses (1) and (2) of this sentence.</quotedText>”</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary shall amend any agreements entered into pursuant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1602a">49 USC 1602a</ref> note.</p></sidenote> to section 164(a) of the Federal-Aid Highway Act of 1973, to conform to the requirements of the amendments made by this section. The effective date of such conformed agreements shall be the effective date of the original agreements entered into pursuant to such section 164(a).</content></subsection></section> <page identifier="/us/stat/88/738">88 <inline class="smallCaps">Stat.</inline> 738</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">solar energy</inline></heading> <num value="814"><inline class="smallCaps">Sec.</inline> 814.</num> <content>Title V of the Housing and Urban Development Act of 1970 is amended by adding at the end thereof the following new <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701z–1">12 USC 1701z–1.</ref></p></sidenote> section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“solar energy</inline></heading> <num value="506"><inline class="smallCaps">“Sec.</inline> 506.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In carrying out activities under section 501, the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Demonstrations.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701z–5">12 USC 1701z–5.</ref></p></sidenote> may, after consultation with the National Science Foundation, undertake demonstrations to determine the economic and technical feasibility of utilizing solar energy for heating or cooling residential housing (including demonstrations of new housing design or structure involving the use of solar energy). Demonstrations carried out under this section should involve both single family and multifamily housing located in areas having distinguishable climatic characteristics in urban as well as rural environments. To carry out the purpose of this section the Secretary is authorized—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">“(1)</num> <content>to enter into contracts with, to make grants to, and to provide other types of assistance to individuals and entities with special competence and knowledge to contribute to the planning, design, development, and operation of such housing;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">“(2)</num> <content>to utilize the contract, loan, or mortgage insurance authority of any federally assisted housing program in the actual planning, development, and occupancy of such housing; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">“(3)</num> <content>to set aside any development, construction, design, or occupancy requirements for the purpose of any demonstration under this section if he determines that such requirements inhibit such demonstration.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>The Secretary shall include in any demonstration under this <sidenote><p class="indent0 firstIndent1 fontsize8">Evaluation.</p></sidenote> section an evaluation of the demonstration to cover the full experience involved in all stages of the demonstration.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary shall transmit to the Congress not later than <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> 6 months following the close of any year in which he carries out a demonstration under this section a full report on such demonstration. Such report may include an evaluation of the economic and technological feasibility of the widespread application of solar energy to residential housing.”</content></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">additional research authority</inline></heading> <num value="815"><inline class="smallCaps">Sec.</inline> 815.</num> <content>Title V of the Housing and Urban Development Act of 1970 (as amended by section 814 of this Act) is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“additional research authority</inline></heading> <num value="507"><inline class="smallCaps">“Sec.</inline> 507.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">In carrying out activities under section 501, the Secretary <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701z–6">12 USC 1701z–6.</ref></p></sidenote> may undertake special demonstrations to determine the housing design, the housing structure, and the housing-related facilities, and amenities most effective or appropriate to meet the needs of groups with special housing needs including the elderly, the handicapped, the displaced, single individuals, broken families, and large households. For this purpose, the Secretary is authorized to enter into contracts with, to make grants to, and to provide other types of assistance to individuals and entities with special competence and knowledge to contribute to the planning, development, design, and management of such housing.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">“(b)</num> <content>In carrying out his functions under this section, the Secretary shall give preferential attention to demonstrations which in his judgment involve areas of housing user needs most neglected in past and current research and demonstration efforts.</content></subsection> <page identifier="/us/stat/88/739">88 <inline class="smallCaps">Stat.</inline> 739</page> <subsection class="indent0 fontsize10"><num value="c">“(c)</num> <content>The Secretary is authorized to undertake demonstrations involving the actual planning, development, and occupancy of housing utilizing the contract and loan authority of any federally assisted housing program. He is also authorized to set aside any development, construction, design, and occupancy requirements, for the purposes of these demonstrations, if in his judgment they inhibit the testing of housing designed to meet the special housing needs.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">“(d)</num> <content>In carrying out this section, the Secretary shall include, as <sidenote><p class="indent0 firstIndent1 fontsize8">Evaluation.</p></sidenote> part of any demonstration, an evaluation of the demonstration to cover the full experience involved in planning, development, and occupancy.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>In addition to any other contract or loan authority which the Secretary may utilize under subsection (c), not more than $10,000,000 from amounts approved in appropriation Acts shall be available for research under this section.”</content></subsection></section> </quotedContent> </content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">flood insurance program</inline></heading> <num value="816"><inline class="smallCaps">Sec.</inline> 816.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Chapter III of title XIII of the Housing and Urban <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4101">42 USC 4101.</ref></p></sidenote> Development Act of 1968 is amended by adding at the end thereof the following new section: <quotedContent> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">“notice of flood hazards</inline></heading> <num value="1364"><inline class="smallCaps">“Sec.</inline> 1364.</num> <content>Each Federal instrumentality responsible for the supervision, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4104a">42 USC 4104a.</ref></p></sidenote> approval, regulation, or insuring of banks, savings and loan associations, or similar institutions shall by regulation require such institutions, as a condition of making, increasing, extending, or renewing (after the expiration of thirty days following the date of the enactment of this section) any loan secured by improved real estate or a mobile home located or to be located in an area that has been identified by the Secretary under this title or Public Law 93–234 as an area <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4002">42 USC 4002</ref> note.</p></sidenote> having special flood hazards, to notify the purchaser or lessee (or obtain satisfactory assurances that the seller or lessor has notified the purchaser or lessee) of such special flood hazards, in writing, a reasonable period in advance of the signing of the purchase agreement, lease, or other documents involved in the transaction.”</content></section></quotedContent></content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 1307 of such Act is amended by adding at the end thereof <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s4014">42 USC 4014.</ref></p></sidenote> the following new subsection: <quotedContent> <subsection class="indent0 fontsize10"><num value="e">“(e)</num> <content>Notwithstanding any other provision of law, any community <sidenote><p class="indent0 firstIndent1 fontsize8">Flood Insurance, eligibility.</p></sidenote> that has made adequate progress, acceptable to the Secretary, on the construction of a flood protection system which will afford flood protection for the one-hundred year frequency flood as determined by the Secretary, shall be eligible for flood insurance under this title (if and to the extent it is eligible for such insurance under the other provisions of this title) at premium rates not exceeding those which would be applicable under this section if such flood protection system had been completed. The Secretary shall find that adequate progress on the construction of a flood protection system as required herein has been only if (1) 100 percent of the project cost of the system has been authorized, (2) at least 60 percent of the project cost of the system has been appropriated, (3) at least 50 percent of the project cost of the system has been expended, and (4) the system is at least 50 percent completed.”</content></subsection> </quotedContent> </content> </subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">limitation on withholding or conditioning of assistance</inline></heading> <num value="817"><inline class="smallCaps">Sec.</inline> 817.</num> <content>Assistance provided for in this Act, the National Housing Act, the United States Housing Act of 1937, the Housing Act of 1949, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701">12 USC 1701.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 653.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1441/s3301">42 USC 1441 note, 3301</ref> note.</p></sidenote> the Demonstration Cities and Metropolitan Development Act of 1966, and the Housing and Urban Development Acts of 1965, 1968, 1969, <page identifier="/us/stat/88/740">88 <inline class="smallCaps">Stat.</inline> 740</page> and 1970 shall not be withheld or made subject to conditions or preference <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1749aa/s1701t/s1720/s1701s">12 USC 1749aa note, 1701t note, 1720 note, 1701s</ref> note.</p></sidenote> by reason of the tax-exempt status of bonds or other obligations issued or to be issued to provide financing for use in connection with such assistance, except where otherwise expressly provided or authorized by law.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">additional assistant secretaries of housing and urban development</inline></heading> <num value="818"><inline class="smallCaps">Sec.</inline> 818.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Section 4 of the Department of Housing and Urban Development Act (Public Law 89–174, 79 Stat. 667) is amended—<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3533">42 USC 3533.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by striking out “<quotedText>six</quotedText>” in the first sentence of subsection (a) and inserting in lieu thereof “<quotedText>eight</quotedText>”;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by striking out subsection (b); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by redesignating subsections (c) and (d) as subsections (b) and (c), respectively,</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Section 5316 of title 5, United States Code, is amended by striking out paragraph (122).</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Paragraph (87) of section 5315 of title 5, United States Code, is amended by striking out “<quotedText>(6)</quotedText>” and inserting in lieu thereof “<quotedText>(8)</quotedText>”.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">mortgage proceeds fraudulently misappropriated by mortgagor</inline></heading> <num value="819"><inline class="smallCaps">Sec.</inline> 819.</num> <content>The Secretary of Housing and Urban Development shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1701l–1">12 USC 1701<i>l</i>–1.</ref></p></sidenote> take action to secure the payment of any deficiency after foreclosure on a mortgage insured or assisted under Federal law where the Secretary has reason to believe that mortgage proceeds have been fraudulently misappropriated by the mortgagor.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">neighborhood development program</inline></heading> <num value="820"><inline class="smallCaps">Sec.</inline> 820.</num> <content>Notwithstanding the provisions of section 133(b) of the Housing Act of 1949 or of any other law, local expenditures made in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1469b">42 USC 1469b.</ref></p></sidenote> connection with the Broad and Front Street Garage in Trenton, New Jersey, shall, to the extent otherwise eligible, be counted as a local grant-in-aid to the first two action years of the Trenton Neighborhood Development Program (N.J. A–1) in accordance with the provisions of title I of the Housing Act of 1949.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1450">42 USC 1450.</ref></p></sidenote></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">condominium and cooperative study</inline></heading> <num value="821"><inline class="smallCaps">Sec.</inline> 821.</num> <content>The Secretary of Housing and Urban Development is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s3532">42 USC 3532</ref> note.</p></sidenote> authorized and directed to conduct a full and complete investigation and study, and report to Congress not later than one year after the <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> date of enactment of this Act, with respect to condominiums and cooperatives, and the problems, difficulties, and abuses or potential abuses applicable to condominium and cooperative housing.</content></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">direct financing study</inline></heading> <num value="822"><inline class="smallCaps">Sec.</inline> 822.</num> <content>The Secretary of Housing and Urban Development and the Secretary of the Treasury shall study the feasibility of financing the programs authorized under section 236 of the National Housing Act and section 802 of this Act through various financing methods, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t12/s1715z–1">12 USC 1715z–1</ref> note.</p></sidenote> including direct loans from the Federal Financing Bank, with a view to determining whether there is any such method that would result in net savings to the Federal Government (after taking into account the direct and indirect effects of such method). The Secretary of <sidenote><p class="indent0 firstIndent1 fontsize8">Report to Congress.</p></sidenote> Housing and Urban Development and the Secretary of the Treasury <page identifier="/us/stat/88/741">88 <inline class="smallCaps">Stat.</inline> 741</page> shall transmit to the Congress a report on the study required by this section not later than one year after the date of enactment of this Act.</content> </section> Approved August 22, 1974.
Public Law 93–384: To authorize the erection of a monument to the dead of the First Infantry Division, United States Forces in Vietnam. Public Law 384 Public Law 93–384 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–384
JOINT RESOLUTION To authorize the erection of a monument to the dead of the First Infantry Division, United States Forces in Vietnam.

August 23, 1974

[S. J. Res. 66]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Society of the First

First Infantry Division, United States Forces in Vietnam.

Monument.

 Infantry Division—First Division Memorial Committee is authorized to erect (at no cost to the United States or the District of Columbia) a monument to the dead of the First Infantry Division, United States Forces in Vietnam, on the public grounds of the United States in the District of Columbia previously set aside for memorial purposes of the First Infantry Division, adjacent to the monument to the dead of the First Infantry Division, American Expeditionary Forces in World War I, and adjacent to the monument to the dead of the First Infantry Division, United States Forces in World War II.
Sec. 2. The design and plans for such monument shall be subject to

Design.

 the approval of the Secretary of the Interior, the National Commission of Fine Arts, and the National Capital Planning Commission.
Sec. 3. The Secretary of the Interior shall be responsible for the

Maintenance.

 maintenance and care of any such monument, in accordance with the provisions of the Act entitled “An Act to establish a National Park

16 USC 1.

 Service, and for other purposes”, approved August 25, 1916, and the Act entitled “An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes”, approved August 21, 1935.

16 USC 461.
Approved August 23, 1974.
Public Law 93–385: To amend the Public Health Service Act to extend through fiscal year 1975 the scholarship program for the National Health Service Corps and the loan program for health professions students. Public Law 385 Public Law 93–385 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–385
AN ACT To amend the Public Health Service Act to extend through fiscal year 1975 the scholarship program for the National Health Service Corps and the loan program for health professions students.

August 23, 1974

[S. 3782]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 225(i)

Health services.

Scholarship and student loan programs, extension.

 of the Public Health Service Act is amended by inserting before the period “, and $40,000,000 for the fiscal year ending June 30, 1975”.
Sec. 2. (a) Section 742(a) of the Public Health Service Act is

42 USC 234.

42 USC 294b.

 amended by striking out “and” after “1973,” and by inserting after “1974” the following: “, and $60,000,000 for the fiscal year ending June 30, 1975”. (b) Section 740(b)(4) of such Act is amended by striking out

42 USC 294.

 “1974” and inserting in lieu thereof “1975”.
Sec. 3. (a) Section 824 of the Public Health Service Act is

42 USC 297c.

 amended— (1) by striking out “and” after “1973,”; and (2) by inserting after “1974,” the first time it appears the following: “and $35,000,000 for the fiscal year ending June 30, 1975,”. (b) Section 822(b)(4) of such Act is amended by striking out

42 USC 297a.

 “1974” and inserting in lieu thereof “1975”.
Approved August 23, 1974.
Public Law 93–386: To clarify the authority of the Small Business Administration, to increase the authority of the Small Business Administration, and for other purposes. Public Law 386 Public Law 93–386 88 Stat. 742 1974-08-23 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 742 Public Law 93–386
AN ACT To clarify the authority of the Small Business Administration, to increase the authority of the Small Business Administration, and for other purposes.

August 23, 1974

[S. 3331]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Small Business Amendments of 1974.

 be cited as the “Small Business Amendments of 1974”.
Sec. 2. (a) The Small Business Act is amended—

15 USC 631 note.

 (1) by redesignating subsection (b) of section 2 as subsection

15 USC 631.

 (c) and by adding after subsection (a) of that section the following new subsection: “(b) The assistance programs authorized by sections 7(i) and 7(j) of this Act are to be utilized to assist in the establishment, preservation,

Infra.

Post, p. 744.

 and strengthening of small business concerns and improve the managerial skills employed in such enterprises, with special attention to small business concerns (1) located in urban or rural areas with high proportions of unemployed or low-income individuals; or (2) owned by low-income individuals; and to mobilize for these objectives private as well as public managerial skills and resources.”; (2) by striking out paragraphs (1) and (2) of section 4(c),

Revolving funds.

15 USC 633.

 and inserting in lieu thereof the following: “(c)(1) There are hereby established in the Treasury the following revolving funds: (A) a disaster loan fund which shall be available for financing functions performed under sections 7(b)(1), 7(b)(2), 7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8), 7(c)(2), and 7(g) of this Act, including administrative expenses in connection with such

15 USC 636.

 functions; and (B) a business loan and investment fund which shall be available for financing functions performed under sections 7(a), 7(b)(3), 7(e), 7(h), 7(i), and 8(a) of this Act, and titles III and V

15 USC 637.

15 USC 681, 695.

 of the Small Business Investment Act of 1958, including administrative expenses in connection with such functions. “(2) All repayments of loans and debentures, payments of interest and other receipts arising out of transactions heretofore or hereafter entered into by the Administration (A) pursuant to sections 7(b)(1), 7(b)(2), 7(b)(4), 7(b)(5), 7(b)(6), 7(b)(7), 7(b)(8), and 7(c)(2) of this Act shall be paid into a disaster loan fund; and (B) pursuant to sections 7(a), 7(b)(3), 7(e), 7(h), 7(i), and 8(a) of this Act, and titles III and V of the Small Business Investment Act of 1958, shall be paid into the business loan and investment fund.”; (3) by striking out paragraph (4) of section 4(c), and inserting

15 USC 633.

 in lieu thereof the following: “(4) The total amount of loans, guarantees, and other obligations or commitments, heretofore or hereafter entered into by the Administration, which are outstanding at any one time (A) under sections 7(a), 7(b)(3), 7(e), 7(h), 7(i), and 8(a) of this Act, shall not exceed $6,000,000,000; (B) under title III of the Small Business Investment Act of 1958, shall not exceed $725,000,000; (C) under title V of the Small Business Investment Act of 1958, shall not exceed $525,000,000; and (D) under section 7(i) of this Act, shall not exceed $450,000,000.”; and (4) by adding at the end of section 7 the following three new

15 USC 636.

 subsections: “(i)(1) The Administration also is empowered to make, participate (on an immediate basis) in, or guarantee loans, repayable in not more than fifteen years, to any small business concern, or to any qualified person seeking to establish such a concern, when it determines that 88 Stat. 743 such loans will further the policies established in section 2(b) of this Act, with particular emphasis on the preservation or establishment

Ante, p. 742.

 of small business concerns located in urban or rural areas with high proportions of unemployed or low-income individuals, or owned by low-income individuals: Provided, however, That no such loans shall

Limitation.

 be made, participated in, or guaranteed if the total of such Federal assistance to a single borrower outstanding at any one time would exceed $50,000. The Administration may defer payments on the principal

Deferred payments.

 of such loans for a grace period and use such other methods as it deems necessary and appropriate to assure the successful establishment and operation of such concern. The Administration may, in its

Management training program.

 discretion, as a condition of such financial assistance, require that the borrower take steps to improve his management skills by participating in a management training program approved by the Administration: Provided, however, That any management training program so approved must be of sufficient scope and duration to provide reasonable opportunity for the individuals served to develop entrepreneurial and managerial self-sufficiency. “(2) The Administration shall encourage, as far as possible, the

Private businesses, participation.

 participation of the private business community in the program of assistance to such concerns, and shall seek to stimulate new private lending activities to such concerns through the use of the loan guarantees, participations in loans, and pooling arrangements authorized by this subsection. “(3) To insure an equitable distribution between urban and rural areas for loans between $3,500 and $50,000 made under this subsection, the Administration is authorized to use the agencies and agreements and delegations developed under title III of the Economic Opportunity Act of 1964, as amended, as it shall determine necessary.

42 USC 2841.

 “(4) The Administration shall provide for the continuing evaluation of programs under this subsection, including full information on the location, income characteristics, and types of businesses and individuals assisted, and on new private lending activity stimulated, and the results of such evaluation together with recommendations shall be included in the report required by section 10(a) of this Act.

15 USC 639.

 “(5) Loans made pursuant to this subsection (including immediate

Loans, limitations.

 participation in and guarantees of such loans) shall have such terms and conditions as the Administration shall determine, subject to the following limitations— “(A) there is reasonable assurance of repayment of the loan; “(B) the financial assistance is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; “(C) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made; “(D) the loan bears interest at a rate not less than (i) a rate determined by the Secretary of the Treasury, taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus (ii) such additional charge, if any, toward covering other costs of the program as the Administration may determine to be consistent with its purposes: Provided, however, That the rate of interest charged on loans made in redevelopment areas designated under the Public Works and Economic Development Act of 1965 (42 U.S.C. 3108 et seq.)

42 USC 3121 note.

42 USC 3141.

 shall not exceed the rate currently applicable to new loans made under section 201 of that Act (42 U.S.C. 3142); and 88 Stat. 744 “(E) fees not in excess of amounts necessary to cover administrative

Fees.

 expenses and probable losses may be required on loan guarantees. “(6) The Administration shall take such steps as may be necessary

Urban area small business, allocation.

 to insure that, in any fiscal year, at least 50 per centum of the amounts loaned or guaranteed pursuant to this subsection are allotted to small business concerns located in urban areas identified by the Administration as having high concentrations of unemployed or low-income individuals or to small business concerns owned by low-income individuals. The Administration shall define the meaning of low income as it applies to owners of small business concerns eligible to be assisted under this subsection. “(7) No financial assistance shall be extended pursuant to this subsection

Relocations, funds, restriction.

 where the Administration determines that the assistance will be used in relocating establishments from one area to another if such relocation would result in an increase in unemployment in the area of original location. “(j)(1) The Administration is authorized to provide financial

Technical or management assistance projects, financial assistance.

Ante, p. 742.

 assistance to public or private organizations to pay all or part of the cost of projects designed to provide technical or management assistance to individuals or enterprises eligible for assistance under subsection 7(i) of this Act, with special attention to small business located in urban areas of high concentration of unemployed or low-income individuals or owned by low-income individuals. “(2) Financial assistance under this subsection may be provided for projects, including without limitation— “(A) planning and research, including feasibility studies and market research; “(B) the identification and development of new business opportunities; “(C) the furnishing of centralized services with regard to public services and Government programs including programs authorized under subsection 7(i); “(D) the establishment and strengthening of business service agencies, including trade associations and cooperatives; “(E) the encouragement of the placement of subcontracts by major business with small business concerns located in urban areas of high concentration of unemployed or low-income individuals or owned by low-income individuals, including the provision of incentives and assistance to such major businesses so that they will aid in the training and upgrading of potential subcontractors or other small business concerns; and “(F) the furnishing of business counseling, management training, and legal and other related services, with special emphasis on the development of management training programs using the resources of the business community, including the development of management training opportunities in existing businesses, and with emphasis in all cases upon providing management training of sufficient scope and duration to develop entrepreneurial and managerial self-sufficiency on the part of the individuals served. “(3) The Administration shall give preference to projects which promote the ownership, participation in ownership, or management of small business concerns by residents of urban areas of high concentration of unemployed or low-income individuals, and to projects which are planned and carried out with the participation of local businessmen. “(4) The financial assistance authorized by this subsection includes assistance advanced by grant, agreement, or contract, but does not include the procurement of plant or equipment, or goods or services. 88 Stat. 745 “(5) The Administration is authorized to make payments under

Payments.

 grants and contracts entered into under this subsection in lump sum or installments, and in advance or by way of reimbursement, and in the case of grants, with necessary adjustments on account of overpayments or underpayments. “(6) To the extent feasible, services under this subsection shall be provided in a location which is easily accessible to the individuals and small business concerns served. “(7) The Administration shall provide for an independent and

Program evaluations.

 continuing evaluation of programs under this subsection, including full information on, and analysis of, the character and impact of managerial assistance provided, the location, income characteristics, and types of businesses and individuals assisted, and the extent to which private resources and skills have been involved in these programs. Such evaluation together with any recommendations deemed advisable by the Administration shall be included in the report required by section 10(a) of this Act.

15 USC 639.

 “(8) The Administration shall take such steps as may be necessary and appropriate, in coordination and cooperation with the heads of other Federal departments and agencies, so that contracts, subcontracts, and deposits made by the Federal Government or in connection with programs aided with Federal funds are placed in such a way as to further the purposes of this subsection and of subsection 7(i) of this Act. The Administration shall provide for the continuing evaluation

Ante, p. 742.

 of programs under this subsection and the results of such evaluation together with recommendations shall be included in the report required by section 10(a) of this Act. “(k) In carrying out its functions under subsections 7(i) and 7(j) of this Act, the Administration is authorized—

Ante, p. 744.

 “(1) to utilize, with their consent, the services and facilities of Federal agencies without reimbursement, and, with the consent of any State or political subdivision of a State, accept and utilize the services and facilities of such State or subdivision without reimbursement; “(2) to accept, in the name of the Administration, and employ or dispose of in furtherance of the purposes of this Act, any money or property, real, personal, or mixed, tangible, or intangible, received by gift, devise, bequest, or otherwise; “(3) to accept voluntary and uncompensated services, notwithstanding the provisions of section 3679(b) of the Revised Statutes (31 U.S.C. 655(b)); and

31 USC 665.

 “(4) to employ experts and consultants or organizations thereof as authorized by section 15 of the Administrative Expenses Act of 1946 (5 U.S.C. 55a), except that no individual may be employed

5 USC 3109.

 under the authority of this subsection for more than one hundred days in any fiscal year; to compensate individuals so employed at rates not in excess of $100 per diem, including traveltime; and to allow them, while away from their homes or regular places of business, travel expenses (including per diem in lieu of subsistence) as authorized by section 5 of such Act (5 U.S.C. 73b–2)

5 USC 5703.

 for persons in the Government service employed intermittently, while so employed: Provided, however, That contracts for such employment may be renewed annually.” (b) Title IV of the Economic Opportunity Act of 1964 is hereby

Repeal.

42 USC 2901–2907.

 repealed; and all references to such title in the remainder of that Act are repealed.
Sec. 3. The Small Business Act is further amended— (1) by amending section 5(b) by striking out “and” following

15 USC 634.

 paragraph (8), by striking out the period at the end of para-88 Stat. 746graph (9) and inserting in lieu thereof a semicolon and by adding at the end of paragraph (9) the following new paragraphs: “(10) upon purchase by the Administration of any deferred participation entered into under section 7 of this Act, continue

15 USC 636.

 to charge a rate of interest not to exceed that initially charged by the participating institution on the amount so purchased for the remaining term of the indebtedness; and “(11) make such investigations as he deems necessary to determine

Investigations.

 whether a recipient of or participant in any assistance under this Act or any other person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this Act, or of any rule or regulation under this Act, or of any order issued under this Act. The Administration shall permit any person to file with it a

Statement, filing.

 statement in writing, under oath or otherwise as the Administration shall determine, as to all the facts and circumstances concerning the matter to be investigated. For the purpose of any

Investigative powers.

 investigation, the Administration is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, and documents which are relevant to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States. In case of contumacy by, or refusal to obey a subpena issued to, any person, including a recipient or participant, the Administration may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, and documents; and such court may issue an order requiring such person to appear before the Administration, there to produce records, if so ordered, or to give testimony touching the matter under investigation. Any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial

Service of process.

 district whereof such person is an inhabitant or wherever he may be found.”; and (2) by striking out the third sentence in paragraph (2) of section 7(h) and inserting in lieu thereof: “The Administration’s

15 USC 636.

 share of any loan made under this subsection shall bear interest at the rate of 3 per centum per annum.”
Sec. 4. Section 10 of the Small Business Act is amended by adding

15 USC 639.

 at the end thereof the following new subsection: “(g) The Administration shall transmit, not later than December 31

Report to congressional committees.

 of each year, to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Banking and Currency of the House of Representatives a sealed report with respect to— “(1) complaints alleging illegal conduct by employees of the Administration which were received or acted upon by the Administration during the preceding fiscal year; and “(2) investigations undertaken by the Administration, including external and internal audits and security and investigation reports.”.
Sec. 5. Section 18 of the Small Business Act is amended by adding

15 USC 647.

 at the end thereof the following new sentence: “If loan applications are being refused or loans denied by such other department or agency responsible for such work or activity due to administrative withholding from obligation or withholding from apportionment, or due to 88 Stat. 747 administratively declared moratorium, then, for purposes of this section, no duplication shall be deemed to have occurred.”.
Sec. 6. (a) The Small Business Investment Act of 1958 is amended— (1) by striking out in the table of contents in section 101 all references to title IV and section numbers therein and inserting in lieu thereof the following: “TITLE IV— “Part A— “Sec. 401. “Sec. 402. “Sec. 403. “Part B— “Sec. 410. “Sec. 411. “Sec. 412. (2) by striking out section 403 and inserting in lieu thereof

15 USC 694.

 the following:
“fund “Sec. 403. There is hereby created within the Treasury a separate

Establishment.

 fund for guarantees which shall be available to the Administrator without fiscal year limitations as a revolving fund for the purposes of this part. There are authorized to be appropriated to the fund from

Appropriation.

 time to time such amounts not to exceed $10,000,000 to provide capital for the fund. All amounts received by the Administrator, including any moneys, property, or assets derived by him from his operations in connection with this part, shall be deposited in the fund. All expenses and payments pursuant to operations of the Administrator under this part shall be paid from the fund. From time to time, and at least at the close of each fiscal year, the Administrator shall pay from the fund into Treasury as miscellaneous receipts interest at a rate determined by the Secretary of the Treasury on the cumulative amount of appropriations available as capital to the fund, less the average undisbursed cash balance in the fund during the year. The rate of such

Interest rate.

 interest shall be determined by the Secretary of the Treasury, and shall not be less than a rate determined by taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of guarantees from the fund. Moneys in the fund not needed for the payment of current operating expenses or for the payment of claims arising under this part may be invested in bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by, the United States; except that moneys provided as capital for the fund shall not be so invested.”;
 (3) by striking out “$500,000” in section 411 and inserting in

15 USC 694b.

 lieu thereof “$1,000,000”; and (4) by adding after section 411 the following new section:
“fund “Sec. 412. There is hereby created within the Treasury a separate

Establishment.

15 USC 694c.

 fund for guarantees which shall be available to the Administrator without fiscal year limitation as a revolving fund for the purposes of this part. There are authorized to be appropriated to the fund from

Appropriation.

 time to time such amounts not to exceed $35,000,000 to provide capital for the fund. All amounts received by the Administrator, including 88 Stat. 748 any moneys, property, or assets derived by him from his operations in connection with this part, shall be deposited in the fund. All expenses and payments pursuant to operations of the Administrator under this part shall be paid from the fund. From time to time, and at least at the close of each fiscal year, the Administrator shall pay from the fund into Treasury as miscellaneous receipts interest at a rate determined by the Secretary of the Treasury on the cumulative amount of appropriations available as capital to the fund, less the average undisbursed cash balance in the fund during the year. The rate of

Interest rate.

 such interest shall be determined by the Secretary of the Treasury, and shall not be less than a rate determined by taking into consideration the average market yield during the month preceding each fiscal year on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of guarantees from the fund. Moneys in the fund not needed for the payment of current operating expenses or for the payment of claims arising under this part may be invested in bonds or other obligations of, or bonds or other obligations guaranteed as to principal and interest by, the United States; except that moneys provided as capital for the fund shall not be so invested.”
 (b) Unexpended balances of capital previously transferred to the

Allocated funds.

15 USC 694 note.

Ante, p. 747.

 fund pursuant to section 403 of the Small Business Investment Act of 1958 (15 U.S.C. 694), as in effect prior to the effective date of this Act, shall be allocated, together with related assets and liabilities, to the funds established by paragraphs (2) and (4) of subsection (a) of this section in such amounts as the Administrator shall determine. In addition, the Administrator is authorized to transfer to the fund

Transfer of funds.

15 USC 633.

 established by paragraph (4) of subsection (a) of this section not to exceed $2,000,000 from the fund established under section 4(c)(1)(B) of the Small Business Act: Provided, That section 4(c)(6) and the last sentence of section 4(c)(5) shall not apply to any amounts so transferred.
Sec. 7. Section 4(b) of the Small Business Act is amended—

SBA Administrators.

 (1) by striking out “three” in the third sentence and inserting in lieu thereof “four”; and (2) by inserting after the third sentence the following new

Associate Administrator for Minority Small Business.

 sentence: “One of the Associate Administrators shall be designated at the time of his appointment as the Associate Administrator for Minority Small Business and shall be responsible to the Administrator for the formulation of policy relating to the Administration’s programs which provide assistance to minority small business concerns and in the review of the Administration’s execution of such programs in light of such policy.”
Sec. 8. Sections 7(a)(4)(B) and 7(a)(5)(B) of the Small Business

Interest rate.

15 USC 636.

 Act are each amended to read as follows: “the rate of interest for the Administration’s share of any such loan shall be the average annual interest rate on all interest-bearing obligations of the United States then forming a part of the public debt as computed at the end of the fiscal year next preceding the date of the loan and adjusted to the nearest one-eighth of 1 per centum plus one-quarter of 1 per centum per annum; and”.
Sec. 9. (a) Section 7(b) of the Small Business Act is amended by striking out the period at the end of paragraph (7) and inserting in lieu thereof “; and” and by adding immediately after paragraph (7) the following new paragraph: “(8) to make such loans (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administration may determine to be necessary or appropriate to assist, or refinance 88 Stat. 749 the existing indebtedness of, any small business concern seriously and adversely affected by a shortage of fuel, electrical energy, or energy-producing resources, or by a shortage of raw or processed materials resulting from such shortages, if the Administration determines that such concern has suffered or is likely to suffer substantial economic injury without assistance under this paragraph.” (b) The first paragraph following the numbered paragraphs of section 7(b) of the Small Business Act is amended by striking out

15 USC 636.

 “or (7),” immediately following “(6),” and inserting in lieu thereof “(7), or (8),”.
Sec. 10. Section 5 of the Small Business Act is amended by adding

Chief Counsel for Advocacy.

 at the end thereof the following new subsection: “(e) The Administrator shall designate an individual within the

15 USC 634.

Duties.

 Administration to be known as the Chief Counsel for Advocacy and to perform the following duties: “(1) serve as a focal point for the receipt of complaints, criticisms, and suggestions concerning the policies and activities of the Administration and any other Federal agency which affects small businesses; “(2) counsel small businesses on how to resolve questions and problems concerning the relationship of the small business to the Federal Government; “(3) develop proposals for changes in the policies and activities of any agency of the Federal Government which will better fulfill the purposes of the Small Business Act and communicate such

15 USC 631 note.

 proposals to the appropriate Federal agencies; “(4) represent the views and interests of small businesses before other Federal agencies whose policies and activities may affect small businesses; and “(5) enlist the cooperation and assistance of public and private agencies, businesses, and other organizations in disseminating information about the programs and services provided by the Federal Government which are of benefit to small businesses, and information on how small businesses can participate in or make use of such programs and services.”.
Sec. 11. (a) The first sentence of section 411(c) of the Small Business Investment Act of 1958 is amended by inserting “administer this

15 USC 694b.

 program on a prudent and economically justifiable basis and shall” immediately after “shall”. (b) Section 411(c) of the Small Business Investment Act of 1958

Program costs, publication.

 is amended by adding at the end thereof the following: “Within 30 days after the date of enactment of this sentence and at monthly intervals thereafter, the Administration shall publish the cost of the program to the Administration for the month immediately preceding the date of publication. The Administration shall conduct a study of the

Study.

 program in order to determine what must be done to make the program economically sound. Within one year after the date of enactment of

Report to Congress.

 this sentence, the Administration shall transmit a report to Congress containing a detailed statement of the findings and conclusions of the study, together with its recommendations for such legislative and administrative actions as it deems appropriate.”.
Sec. 12. Section 7(a) of the Small Business Act is amended by adding

15 USC 636.

 at the end thereof the following new paragraph: “(8) During the fiscal year ending June 30, 1975, the Administrator shall make direct loans under this subsection in an aggregate amount of not less than $400,000,000.”.
88 Stat. 750
Sec. 13. The General Accounting Office is directed to conduct a full-scale

GAO audit, submittal to Congress.

15 USC 633 note.

 audit of the Small Business Administration, including all field offices. This audit shall be submitted to the House and Senate not later than six months from the date of enactment of this Act.
Approved August 23, 1974.
Public Law 93–387: To authorize the establishment of a Council on Wage and Price Stability. Public Law 387 Public Law 93–387 1974-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–387
AN ACT To authorize the establishment of a Council on Wage and Price Stability.

August 24, 1974

[S. 3919]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Council on Wage and Price Stability Act.

 be cited as the “Council on Wage and Price Stability Act”.
Sec. 2. (a) The President is authorized to establish, within the

12 USC 1904 note.

Council on Wage and Price Stability.

 Executive Office of the President, a Council on Wage and Price Stability (hereinafter referred to as the “Council”). (b) The Council shall consist of eight members appointed by the

Establishment.

12 USC 1904 note.

 President and four adviser-members also appointed by the President. The Chairman of the Council shall be designated by the President. (c) There shall be a Director of the Council who shall be appointed by the President. The Director shall be compensated at the rate prescribed for level IV of the Executive Schedule by section 5315 of title 5, United States Code. The Director of the Council shall perform such

5 USC 5315 note.

 functions as the President or the Chairman of the Council may prescribe. The Deputy Director shall perform such functions as the Chairman or the Director of the Council may prescribe. (d) The Director of the Council may employ and fix the compensation of such officers and employees, including attorneys, as are necessary to perform the functions of the Council at rates not to exceed the highest rate for grade 15 of the General Schedule under section 5332 of title 5, United States Code. Except that the Director, with the

5 USC 5332 note.

5 USC 101 et seq.

 approval of the Chairman may, without regard to the provisions of title 5, United States Code, relating to appointments in the competitive service, appoint and fix the compensation of not to exceed five positions at the rates provided for grades 16, 17, and 18 of such General Schedule, to carry out the functions of the Council. (e) The Director of the Council may employ experts, expert witnesses,

Experts and consultants.

 and consultants in accordance with the provisions of section 3109 of title 5, United States Code, and compensate them at rates not in excess of the maximum daily rate prescribed for grade 18 of the General Schedule under section 5332 of title 5, United States Code. (f) The Director of the Council may, with their consent, utilize the services, personnel, equipment, and facilities of Federal, State, regional, and local public agencies and instrumentalities, with or without reimbursement therefor, and may transfer funds made available pursuant to this Act to Federal, State, regional, and local public agencies and instrumentalities as reimbursement for utilization of such services, personnel, equipment, and facilities.
Sec. 3. (a) The Council shall—

Duties.

12 USC 1904 note.

 (1) review and analyze industrial capacity, demand, supply, and the effect of economic concentration and anticompetitive practices, and supply in various sectors of the economy, working with the industrial groups concerned and appropriate governmental agencies to encourage price restraint; (2) work with labor and management in the various sectors of the economy having special economic problems, as well as with appropriate government agencies, to improve the structure of 88 Stat. 751 collective bargaining and the performance of those sectors in restraining prices; (3) improve wage and price data bases for the various sectors of the economy to improve collective bargaining and encourage price restraint; (4) conduct public hearings necessary to provide for public

Public hearings.

 scrutiny of inflationary problems in various sectors of the economy; (5) focus attention on the need to increase productivity in both the public and private sectors of the economy; (6) monitor the economy as a whole by acquiring as appropriate, reports on wages, costs, productivity, prices, sales, profits, imports, and exports; and (7) review and appraise the various programs, policies, and activities of the departments and agencies of the United States for the purpose of determining the extent to which those programs and activities are contributing to inflation. (b) Nothing in this Act, (1) authorizes the continuation, imposition, or reimposition of any mandatory economic controls with respect to prices, rents, wages, salaries, corporate dividends, or any similar transfers, or (2) affects the authority conferred by the Emergency Petroleum Allocation Act of 1973.

15 USC 751 note.
Sec. 4. (a) Any department or agency of the United States which

Economic data, availability.

12 USC 1904 note.

 collects, generates, or otherwise prepares or maintains data or information pertaining to the economy or any sector of the economy shall, upon the request of the Chairman of the Council, make that data or information available to the Council. (b) Disclosure of information obtained by the Council from sources other than Federal, State, or local government agencies and departments shall be in accordance with the provisions of section 552 of title 5, United States Code. (c) Disclosure by the Council of information obtained from a Federal, State, or local agency or department must be in accord with section 552 of title 5, United States Code, and all the applicable rules of practice and procedure of the agency or department from which the information was obtained. (d) Disclosure by a member or any employee of the Council of the

Confidential information.

 confidential information as defined in section 1905 of title 18, United States Code, shall be a violation of the criminal code as stated therein. (e) Consistent with the provisions of section 7213 of the Internal

Income tax return disclosure, prohibition.

26 USC 7213.

 Revenue Code of 1954, nothing in this Act shall be construed as providing for or authorizing any Federal agency to divulge or to make known to the Council the amount or source of income, profits, losses, expenditures, or any particular thereof, set forth or disclosed solely in any income return, or to permit any income tax return filed pursuant to the provisions of the Internal Revenue Code of 1954, thereof, to be

26 USC 1 et seq.

 seen or examined by the Council.
Sec. 5. The Council shall report to the President, and through him

Report to President and Congress.

12 USC 1904 note.

 to the Congress, from time to time, concerning its activities, findings, and recommendations with respect to the containment of inflation and the maintenance of a vigorous and prosperous peacetime economy.
Sec. 6. There is hereby authorized to be appropriated not to exceed

Appropriation.

12 USC 1904 note.

 $1,000,000 for the fiscal year ending June 30, 1975, to carry out the purposes of this Act.
Sec. 7. The authority granted by this Act terminates on August 15,

Termination.

12 USC 1904 note.

 1975.
Approved August 24, 1974.
Public Law 93–388: To improve the laws relating to the regulation of insurance companies in the District of Columbia. Public Law 388 Public Law 93–388 88 Stat. 752 1974-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 752 Public Law 93–388
AN ACT To improve the laws relating to the regulation of insurance companies in the District of Columbia.

August 24, 1974

[H.R. 7218]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Holding Company System Regulatory Act.

 be cited as the “Holding Company System Regulatory Act”.
Sec. 2. Definitions.—As used in this Act, unless the context otherwise

D.C. Code 35–1901 note.

D.C. Code 35–1901.

 requires— (a) “affiliate” (an “affiliate” of, or person “affiliated” with a specific person), means a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by or is under common control with, the person specified; (b) “commissioner” means the Commissioner of the District of Columbia or his designated agent; (c) “control” (including the terms “controlling”, “controlled by” and “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 10 per centum or more of the voting securities of any other person; (d) “District” means the District of Columbia; (e) “insurance holding company system” consists of two or more affiliated persons, one or more of which is an insurer; (f) “insurer” includes any company defined by section 2, chapter I, of the Life Insurance Act (D.C. Code, sec. 35–302) and by section 3, chapter I, of the Fire and Casualty Act (D.C. Code, sec. 35–1303), authorized to do the business of insurance in the District, except that it shall not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a State or political subdivision of a State; (g) “person” is an individual, a corporation, a partnership, an association, a joint stock company, a trust, an unincorporated organization, any similar entity, or any combination of the foregoing acting in concert, but shall not include any securities broker performing no more than the usual and customary broker’s function; (h) “securityholder” of a specified person is one who owns any security of such person, including common stock, preferred stock, debt obligations, and any other security convertible into or evidencing the right to acquire any of the foregoing; (i) “subsidiary” of a specified person is an affiliate controlled by such person directly, or indirectly through one or more intermediaries; and (j) “voting security” includes any security convertible into or evidencing a right to acquire a voting security.
88 Stat. 753
subsidiaries of insurers Sec. 3. (a) Authorization.—Any domestic insurer, either by itself

D.C. Code 35–1902.

 or in cooperation with one or more persons, may, subject to the limitation stated in subsection (b) of this section, organize or acquire one or more subsidiaries. Such subsidiaries may conduct any kind of business or businesses and their authority to do so shall not be limited by reason of the fact that they are subsidiaries of a domestic insurer. (b) Limited Additional Investment Authority.—(1) The total amount which a domestic insurer may invest in the common stock, preferred stock, debt obligations, and other securities of the subsidiaries referred to in subsection (a) of this section shall not exceed the lesser of (A) 5 per centum of such insurer’s assets, or (B) in the case of a capital stock company, 50 per centum of the excess of its capital, surplus, and contingency reserves over the then required statutory minimum capital and surplus, or, in the case of a mutual company, 50 per centum of the excess of its surplus and contingency reserves over the then required statutory minimum surplus. (2) In calculating the amount of such investments, there shall be included (A) total net moneys or other consideration expended and obligations assumed in the acquisition or formation of a subsidiary, including all organizational expenses and contributions to capital and surplus of such subsidiary, whether or not represented by the purchase of capital stock or issuance of other securities, and (B) all amounts expended in acquiring additional common stock, preferred stock, debt obligations, and other securities, and all contributions to the capital or surplus of a subsidiary subsequent to its acquisition or formation. (c) Exemptions From Investment Restrictions.—The investments permitted under this section shall be in addition to the investments in common stock, preferred stock, debt obligations, and other securities permitted under sections 35 and 41 of chapter III of the Life Insurance Act (D.C. Code, secs. 35–535 and 35–541) and section 18, chapter II, of the Fire and Casualty Act (D.C. Code, sec. 35–1321), and the investments under this section shall not be subject to any of the otherwise applicable restrictions or prohibitions contained in the aforesaid sections of law applicable to such investments of insurers. (d) Qualifications of Investment; When Determined.—Whether any investment pursuant to this section meets the applicable requirements thereof is to be determined immediately after such investment is made, taking into account the then outstanding principal balance of all previous investments and debt obligations and the value of all previous investments in equity securities as of the date of the new investment. (e) Cessation of Control.—If an insurer ceases to control a subsidiary, it shall dispose of any investment therein made pursuant to this section within three years from the time of the cessation of control or within such further time as the Commissioner may prescribe, unless at any time after such investment was made, such investment meets the requirements for investment under sections 35 and 41, chapter III, of the Life Insurance Act (D.C. Code, secs. 35–535 and 35–541) and section 18, chapter II, of the Fire and Casualty Act (D.C. Code, sec. 35–1521), and the insurer has notified the Commissioner thereof.
acquisition of control of or merger with domestic insurer Sec. 4. (a) Filing Requirements.—No person other than the issuer

D.C. Code 35–1903.

 shall make a tender offer for or a request or invitation for tenders of, 88 Stat. 754 or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if, after the consummation thereof, such person would directly or indirectly (or by conversion or by exercise of any right to acquire) be in control of such insurer, and no person shall enter into an agreement to merge with or otherwise to acquire control of a domestic insurer, unless, at the time any such offer, request, or invitation is made or any such agreement is entered into, or prior to the acquisition of such securities if no offer or agreement is involved, such person has filed with the Commissioner and has sent to such insurer, and such insurer has sent to its shareholders, a statement containing the information required by this section and such offer, request, invitation, agreement, or acquisition has been approved by the Commissioner in the manner hereinafter prescribed. For purposes of this section a domestic insurer shall include any other person controlling a domestic insurer unless such other person is either directly or through its affiliates primarily engaged in business other than the business of insurance. (b) Content of Statement.—The statement to be filed with the Commissioner hereunder shall be made under oath or affirmation and shall contain the following information: (1) The name and address of each person by whom or on whose behalf the merger or other acquisition of control referred to in subsection (a) is to be effected (hereinafter called “acquiring party”), and (A) If such person is an individual, his principal occupation and all offices and positions held during the past five years, and any conviction of crimes other than minor traffic violations during the past ten years; (B) If such person is not an individual, a report of the nature of its business operations during the past five years or for such lesser period as such person and any predecessors thereof shall have been in existence; an informative description of the business intended to be done by such person and such person’s subsidiaries; and a list of all individuals who are or who have been selected to become directors or executive officers of such person, or who perform or will perform functions appropriate to such positions. Such list shall include for each such individual the information required by subparagraph (A) of this subsection. (2) The source, nature, and amount of the consideration used or to be used in effecting the merger or other acquisition of control, a description of any transaction wherein funds were or are to be obtained for any such purpose, and the identity of persons furnishing such consideration: Provided, That where a source of such consideration is a loan made in the lender’s ordinary course of business, the identity of the lender shall remain confidential, if the person filing such statement so requests. (3) Fully audited financial information as to the earnings and

Financial information.

 financial condition of each acquiring party for the preceding five fiscal years of each such acquiring party (or for such lesser period as such acquiring party and any predecessors thereof shall have been in existence), and similar unaudited information as of a date not earlier than ninety days prior to the filing of the statement. (4) Any plans or proposals which each acquiring party may have to liquidate such insurer, to sell its assets or merge or consolidate it with any person, or to make any other material change in its business or corporate structure or management. (5) The number of shares of any security referred to in subsection (a) which each acquiring party proposes to acquire, and the terms of 88 Stat. 755 the offer, request, invitation, agreement, or acquisition referred to in subsection (a), and a statement as to the method by which the fairness of the proposal was arrived at. (6) The amount of each class of any security referred to in subsection (a) which is beneficially owned or concerning which there is a right to acquire beneficial ownership by each acquiring party. (7) A full description of any contracts, arrangements, or understandings

Contracts.

 with respect to any security referred to in subsection (a) in which any acquiring party is involved, including but not limited to transfer of any of the securities, joint ventures, loan or option arrangements, puts or calls, guarantees of loans, guarantees against loss or guarantees of profits, division of losses or profits, or the giving or withholding of proxies. Such description shall identify the persons with whom such contracts, arrangements, or understandings have been entered into. (8) A description of the purchase of any security referred to in

Security purchases.

 subsection (a) during the twelve calendar months preceding the filing of the statement, by any acquiring party, including the dates of purchase, names of the purchasers, and consideration paid or agreed to be paid therefor. (9) A description of any recommendations to purchase any security referred to in subsection (a) made during the twelve calendar months preceding the filing of the statement, by any acquiring party, or by anyone based upon interviews or at the suggestion of such acquiring party. (10) Copies of all tender offers for, requests or invitations for tenders of exchange offers for, and agreements to acquire or exchange any securities referred to in subsection (a), and (if distributed) of additional soliciting material relating thereto. (11) The terms of any agreement, contract, or understanding made

Agreement with a broker-dealer.

 with any broker-dealer as to solicitation of securities referred to in subsection (a) for tender, and the amount of any fees, commissions, or other compensation to be paid to broker-dealers with regard thereto. (12) Such additional information as the Commissioner may by rule

Additional information.

 or regulation prescribe as necessary or appropriate for the protection of policyholders and securityholders of the insurer or in the public interest. If the person required to file the statement referred to in subsection (a) is a partnership, limited partnership, syndicate, or other group, the Commissioner may require that the information called for by paragraphs (1) through (12) shall be given with respect to each partner of such partnership or limited partnership, each member of such syndicate or group, and each person who controls such partner or member. If any such partner, member, or person is a corporation or the person required to file the statement referred to in subsection (a) is a corporation, the Commissioner may require that the information called for by paragraphs (1) through (12) shall be given with respect to such corporation, each officer and director of such corporation, and each person who is directly or indirectly the beneficial owner of more than 10 per centum of the outstanding voting securities of such corporation. If any material change occurs in the facts set forth in the statement filed with the Commissioner and sent to such insurer pursuant to this section, an amendment setting forth such change, together with copies of all documents and other material relevant to such change, shall be filed with the Commissioner and sent to such insurer within two business days after the person learns of such change. Such insurer shall send such amendment to its shareholders. (c) Alternative Filing Materials.—If any offer, request, invitation, agreement, or acquisition referred to in subsection (a) is proposed to be made by means of a registration statement under the 88 Stat. 756 Securities Act of 1933 or in circumstances requiring the disclosure

15 USC 77a.

15 USC 78a.

 of similar information under the Securities Exchange Act of 1934, or under a State law requiring similar registration or disclosure, the person required to file the statement referred to in subsection (a) may utilize such documents in furnishing the information called for by that statement. (d) Approval by Commissioner; Hearings.— (1) The Commissioner shall approve any merger or other acquisition of control referred to in subsection (a) unless, after a public hearing thereon, he finds that: (A) After the change of control the domestic insurer referred to in subsection (a) would not be able to satisfy the requirements for the issuance of a license to write the line or lines of insurance for which it is presently licensed; (B) The effect of the merger or other acquisition of control would be substantially to lessen competition in insurance in the District or tend to create a monopoly therein; (C) The financial condition of any acquiring party is such as might jeopardize the financial stability of the insurer, or prejudice the interest of its policyholders or the interests of any remaining security holders who are unaffiliated with such acquiring party; (D) The terms of the offer, request, invitation, agreement, or acquisition referred to in subsection (a) are unfair and unreasonable to the securityholders of the insurer; (E) The plans or proposals which the acquiring party has to liquidate the insurer, sell its assets or consolidate or merge it with any person, or to make any other material change in its business or corporate structure or management, are unfair and unreasonable to policyholders of the insurer and not in the public interest; or (F) The competence, experience, and integrity of those persons who would control the operation of the insurer are such that it would not be in the interest of policyholders of the insurer or of the public to permit the merger or other acquisition of control. (2) The public hearing referred to in paragraph (1) shall be held within thirty days after the statement required by subsection (a) is filed, and at least twenty days’ notice thereof shall be

Notice.

 given by the Commissioner to the person filing the statement. Not less than seven days’ notice of such public hearing shall be given by the person filing the statement to the insurer and to such other person as may be designated by the Commissioner. The insurer shall give such notice to its securityholders. The commissioner shall make a determination within thirty days after the conclusion of such hearing. At such hearing, the person filing the statement, the insurer, any person to whom notice of hearing was sent, and any other person whose interests may be affected thereby shall have the right to present evidence, examine and cross-examine witnesses, and offer oral and written arguments, and in connection therewith shall be entitled to conduct discovery proceedings in the same manner as is presently allowed in the Superior Court of the District of Columbia. All discovery proceedings shall be concluded not later than three days prior to the commencement of the public hearing. (e) Mailings to Shareholders; Payment of Expenses.—All statements, amendments, or other material filed pursuant to subsection (a) or (b), and all notices of public hearings held pursuant to subsection (d), shall be mailed by the insurer to its shareholders within five busi-88 Stat. 757ness days after the insurer has received such statements, amendments, other material, or notices. The expenses of mailing shall be borne by the person making the filing. As security for the payment of such expenses, such person shall file with the Commissioner an acceptable bond or other deposit in an amount to be determined by the Commissioner. (f) Exemptions.—The provisions of this section shall not apply to— (1) any offers, requests, invitations, agreements, or acquisitions by the person referred to in subsection (a) of any voting security referred to in subsection (a) which, immediately prior to the consummation of such offer, request, invitation, agreement, or acquisition, was not issued and outstanding; (2) any offer, request, invitation, agreement, or acquisition if, under the terms thereof, the consummation of the transaction contemplated thereunder would result in the ownership by security holders of the domestic insurer of stock processing at least 80 per centum of the total combined voting power of all classes of stock of the acquiring party entitled to vote, or at least 80 per centum of the total combined voting power of all classes of stock of the person in control of the acquiring party entitled to vote; and (3) any offer, request, invitation, agreement, or acquisition which the Commissioner by order shall exempt therefrom as (A) not having been made or entered into for the purpose and not having the effect of changing or influencing the control of a domestic insurer, or (B) as otherwise not comprehended within the purposes of this section. (g) Violations.—The following shall be violations of this section: (1) The failure to file any statement, amendment, or other material required to be filed pursuant to subsection (a) or (b); or (2) The effectuation or any attempt to effectuate an acquisition of control of, or merger with, a domestic insurer unless the Commissioner has given his approval thereto. (h) Jurisdiction; Consent to Service of Process.—The Superior Court of the District of Columbia is hereby vested with jurisdiction over every person not resident, domiciled, or authorized to do business in the District who files a statement with the Commissioner under this section, and over all actions involving such person arising out of violations of this section, and each such person shall be deemed to have performed acts equivalent to and constituting an appointment by such a person of the Commissioner to be his true and lawful attorney upon whom may be served all lawful process in any action, suit, or proceeding arising out of violations of this section. Copies of all such lawful process shall be served on the Commissioner and transmitted by registered or certified mail by the Commissioner to such person at his last known address.
registration of insurers Sec. 5. (a) Registration.—Every insurer which is authorized to do

D.C. Code 35–1904.

 business in the District and which is a member of an insurance holding company system shall register with the Commissioner, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are substantially similar to those contained in this Act. Any insurer which is subject to registration under this section shall register within sixty days after the effective date of this Act or fifteen days after it becomes subject to registration, whichever is later, unless the Commissioner for good cause shown extends the time for registration, 88 Stat. 758 and then within such extended time. The Commissioner may require any authorized insurer which is a member of a holding company system which is not subject to registration under this section to furnish a copy of the registration statement or other information filed by such insurance company with the insurance regulatory authority of its domiciliary jurisdiction. (b) Information and Form Required.—Every insurer subject to registration shall file a registration statement on a form provided by the Commissioner, which shall contain current information about— (1) the capital structure, general financial condition, ownership, and management of the insurer and any person controlling the insurer; (2) the identity of every member of the insurance holding company system; (3) the following agreements in force, relationships subsisting, and transactions currently outstanding between such insurer and its affiliates; (A) loans, other investments, or purchases, sales or exchanges or securities of the affiliates by the insurer or of the insurer by its affiliates; (B) purchases, sales, or exchanges of assets; (C) transactions not in the ordinary course of business; (D) guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer’s assets to liability, other than insurance contracts entered into in the ordinary course of the insurer’s business; (E) all management and service contracts and all cost-sharing arrangements, other than cost allocation arrangements based upon generally accepted accounting principles; and (F) reinsurance agreements covering all or substantially all of one or more lines of insurance of the ceding company. (4) other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the Commissioner. (c) Materiality.—No information need be disclosed on the registration statement filed pursuant to subsection (b) if such information is not material for the purposes of this section. Unless the Commissioner by rule, regulation, or order provides otherwise, sales, purchases, exchanges, loans, or extensions of credit, or investments, involving one-half of 1 per centum or less of an insurer’s admitted assets as of the thirty-first day of December next preceding shall not be deemed material for purposes of this section. (d) Amendments to Registration Statements.—Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the Commissioner within fifteen days after the end of the month in which it learns of each such change or addition: Provided, That subject to subsection (c) of section 6, each registered insurer shall so report all dividends and other distributions to shareholders within two business days following the declaration thereof. (e) Termination of Registration.—The Commissioner shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system. (f) Consolidated Filing.—The Commissioner may require or allow two or more affiliated insurers subject to registration hereunder to file a consolidated registration statement or consolidated reports 88 Stat. 759 amending their consolidated registration statement or their individual registration statements. (g) Alternative Registration.—The Commissioner may allow an insurer which is authorized to do business in the District and which is part of an insurance holding company system to register on behalf of any affiliated insurer which is required to register under subsection (a) and to file all information and material required to be filed under this section. (h) Exemptions.—The provisions of this section shall not apply to any insurer, information, or transaction if and to the extent that the Commissioner by rule, regulation, or order shall exempt the same from the provisions of this section. (i) Disclaimer.—The presumption of control as defined by section 2(c), may be rebutted by a showing made in the manner herein provided that control does not exist in fact. The Commissioner may determine, after furnishing all persons in interest notice and an opportunity to be heard and making specific findings of fact to support such determination, that control exists in fact, notwithstanding the absence of a presumption to that effect. Any person may file with the Commissioner a disclaimer of affiliation with any authorized insurer or such a disclaimer may be filed by such insurer or any member of an insurance holding company system. The disclaimer shall fully disclose all material relationships and bases for affiliation between such person and such insurer as well as the basis for disclaiming such affiliation. After a disclaimer has been filed, the insurer shall be relieved of any duty to register or report under this section which may arise out of the insurer’s relationship with such person unless and until the Commissioner disallows the disclaimer. The Commissioner shall disallow such a disclaimer only after furnishing all parties in interest with notice and opportunity to be heard and after making specific findings of fact to support such disallowance. (j) Violations.—The failure to file a registration statement or any amendment thereto required by this section within the time specified for such filing shall be a violation of this section.
standards Sec. 6. (a) Transactions With Affiliates.—Material transactions

D.C. Code 35–1905.

 by registered insurers with their affiliates shall be subject to the following standards: (1) the terms shall be fair and reasonable; (2) the books, accounts, and records of each party shall be so maintained as to clearly and accurately disclose the precise nature and details of the transactions; and (3) the insurer’s surplus as regards policyholders following any dividends or distributions to shareholder affiliates shall be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs. (b) Adequacy of Surplus.—For the purposes of this section in determining whether an insurer’s surplus as regards policyholders is reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered: (1) the size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force, and other appropriate criteria; (2) the extent to which the insurer’s business is diversified among the several lines of insurance; (3) the number and size of risks insured in each line of business; 88 Stat. 760 (4) the extent of the geographical dispersion of the insurer’s insured risks; (5) the nature and extent of the insurer’s reinsurance program; (6) the quality, diversification, and liquidity of the insurer’s investment portfolio; (7) the recent past and projected future trend in the size of the insurer’s surplus as regards policyholders; (8) the surplus as regards policyholders maintained by other comparable insurers; (9) the adequacy of the insurer’s reserves; and (10) the quality and liquidity of investments in subsidiaries made pursuant to section 3. The Commissioner may treat any such investment as a disallowed asset for purposes of determining the adequacy of surplus as regards policyholders whenever in his judgment such investment so warrants. (c) Dividends and Other Distributions.—(1) No insurer subject to registration under section 5 shall pay any extraordinary dividend or make any other extraordinary distribution to its shareholders until (A) thirty days after the Commissioner has received notice of the declaration thereof and has not within such period disapproved such payment, or (B) the Commissioner shall have approved such payment within such thirty-day period. (2) For purposes of this section, an extraordinary dividend or distribution includes any dividend or distribution of cash or other property, whose fair market value together with that of other dividends or distributions made within the preceding twelve months exceeds the greater of (A) 10 per centum of such insurer’s surplus as regards policyholders as of the thirty-first day of December next preceding or (B) the net gain from operations of such insurer, if such insurer is a life insurer, or the net investment income, if such insurer is not a life insurer, for the twelve-month period ending the thirty-first day of December next preceding, but shall not include pro rata distributions of any class of the insurer’s own securities. (3) Notwithstanding any other provision of law, an insurer may declare an extraordinary dividend or distribution which is conditional upon the Commissioner’s approval thereof, and such a declaration shall confer no rights upon shareholders until (A) the Commissioner has approved the payment of such dividend or distribution or (B) the Commissioner has not disapproved such payment within the thirty-day period referred to above.
examination Sec. 7. (a) Power of Commissioner.—Subject to the limitation contained

D.C. Code 35–1906.

 in this section and in addition to the powers which the Commissioner has under the insurance laws of the District relating to the examination of insurers, the Commissioner shall also have the power to order any insurer registered under section 5 to produce such records, books, papers, or other information in the possession of the insurer or its affiliates as shall be necessary to ascertain the financial condition or legality of conduct of such insurer. In the event such insurer fails to comply with such order, the Commissioner shall have the power to examine such affiliates to obtain such information. (b) Purpose and Limitation of Examination.—The Commissioner shall exercise his power under subsection (a) only if the examination of the insurer under and as is provided for by the insurance laws of the District is inadequate or the interests of the policyholders of such insurer may be adversely affected. (c) Use of Consultants.—The Commissioner may retain at the 88 Stat. 761 registered insurer’s expense such attorneys, actuaries, accountants, and other experts not otherwise a part of the Commissioner’s staff as shall be reasonably necessary to assist in the conduct of the examination under subsection (a). Any persons so retained shall be under the direction and control of the Commissioner and shall act in a purely advisory capacity. (d) Expenses.—Each registered insurer producing for examination records, books, and papers pursuant to subsection (a) shall be liable for and shall pay the expense of such examination in accordance with the provisions of section 19, chapter II, of the Life Insurance Act (D.C. Code, sec. 35–418) and section 10, chapter II, of the Fire and Casualty Act (D.C. Code, sec. 35–1313), pertaining to examination expense.
Sec. 8. Confidential Treatment.—All information, documents,

D.C. Code 35–1907.

 and copies thereof obtained by or disclosed to the Commissioner or any other person in the course of an examination or investigation made pursuant to section 7 and all information reported pursuant to section 5, shall be given confidential treatment and shall not be subject to subpena and shall not be made public by the Commissioner or any other person, except to insurance departments of other States, without the prior written consent of the insurer to which it pertains unless the Commissioner, after giving the insurer and its affiliates who would be affected thereby, notice and opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the publication thereof, in which event he may publish all or any part thereof in such manner as he may deem appropriate.
Sec. 9. Rules and Regulations.—The Commissioner may, upon

D.C. Code 35–1908.

 notice and opportunity of all interested persons to be heard, issue such rules, regulations, and orders as shall be necessary to carry out the provisions of this Act.
injunctions; prohibitions against voting securities; sequestration of voting securities Sec. 10. (a) Injunctions.—Whenever it appears to the Commissioner

D.C. Code 35–1909.

 that any insurer or any director, officer, employee or agent thereof has committed or is about to commit a violation of this Act or of any rule, regulation, or order issued by the Commissioner hereunder, the Commissioner may apply to the Superior Court of the District of Columbia for an order enjoining such insurer of such director, officer, employee, or agent thereof from violating or continuing to violate this Act or any such rule, regulation, or order, and for such other equitable relief as the failure of the case and the interests of the insurer’s policyholders, creditors, shareholders, or the public may require. (b) Voting of Securities; When Prohibited.—No security which is the subject of any agreement or arrangement regarding acquisition, or which is acquired or to be acquired, in contravention of the provisions of this Act or of any rule, regulation, or order issued by the Commissioner hereunder may be voted at any shareholders’ meeting, or may be counted for quorum purposes, and any action of shareholders requiring the affirmative vote of a percentage of shares may be taken as though such securities were not issued and outstanding; but no action taken at any such meeting shall be invalidated by the voting of such securities, unless the action would materially affect control of the insurer or unless the Superior Court of the District of Columbia has so ordered. If an insurer or the Commissioner has reason to believe that any security of the insurer has been or is about to be acquired in contravention of the provisions of this Act or of any rule, regulation, 88 Stat. 762 or order issued by the Commissioner hereunder the insurer or the Commissioner may apply to the Superior Court of the District of Columbia to enjoin any offer, request, invitation, agreement, or acquisition made in contravention of section 4 of any rule, regulation, or order issued by the Commissioner thereunder to enjoin the voting of any security so acquired, to void any vote of such security already cast at any meeting of shareholders, and for such other equitable relief as the nature of the case and the interests of the insurer’s policyholders, creditors, shareholders, or the public may require. (c) Sequestration of Voting Securities.—In any case where a person has or is proposing to acquire any voting securities in violation of this Act or any rule, regulation, or order issued by the Commissioner hereunder, the Superior Court of the District of Columbia may, on such notice as the court deems appropriate, upon the application of the insurer or the Commissioner seize or sequester any voting securities of the insurer owned directly or indirectly by such person, and issue such orders with respect thereto as may be appropriate to effectuate the provisions of this Act. Notwithstanding any other provisions of law, for the purposes of this Act the situs of the ownership of the securities of domestic insurers shall be deemed to be in the District.
Sec. 11. Criminal Proceedings.—Whenever it appears to the Commissioner

D.C. Code 35–1910.

 that any insurer or any director, officer, employee, or agent thereof has committed a willful violation of this Act, the Commissioner may cause criminal proceedings to be instituted in the District against such insurer or the responsible director, officer, employee, or agent thereof. Any insurer which willfully violates this Act may

Penalty.

 be fined not more than $1,000. Any individual who willfully violates this Act may be fined not more than $1,000 or, if such willful violation involves the deliberate perpetration of a fraud upon the Commissioner, imprisoned not more than two years or both.
Sec. 12. Receivership.—Whenever it appears to the Commissioner that

D.C. Code 35–1911.

 any person has committed a violation of this Act which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, shareholders, or the public, the Commissioner may proceed as provided under the insurance laws of the District to take possession of the property of such domestic insurer and to conduct the business thereof.
Sec. 13. Revocation, Suspension, or Non-Renewal of Insurer’s License.—

D.C. Code 35–1912.

Whenever it appears to the Commissioner that any person has committed a violation of this Act which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the Commissioner may, after giving notice and an opportunity to be heard, suspend, revoke, or refuse to renew such insurer’s license or authority to do business in the District for such period as he finds is required for the protection of policyholders or the public. Any such determination shall be accompanied by specific findings of fact and conclusions of law.
Sec. 14. Judicial Review; Mandamus.—(a) Any person aggrieved

D.C. Code 35–1913.

 by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this Act may appeal therefrom to the District of Columbia Court of Appeals, in accordance with the District of Columbia Administrative Procedure Act.

D.C. Code 1–1501 note.

 (b) Any person aggrieved by any failure of the Commissioner to act or make a determination required by this Act may petition the Superior Court of the District of Columbia for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make such determination forthwith.
88 Stat. 763
Sec. 15. Conflict With Other Laws.—All laws and parts of laws

D.C. Code 35–1914.

 of the District inconsistent with this Act are hereby superseded with respect to matters covered by this Act.
Sec. 16. Separability of Provisions.—If any provision of this Act

D.C. Code 35–1915.

 or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are separable.
Sec. 17. Effective Date.—This Act shall take effect thirty days

D.C. Code 35–1901 note.

 after the date of its enactment.
Approved August 24, 1974.
Public Law 93–389: To extend for three years the District of Columbia Medical and Dental Manpower Act of 1970. Public Law 389 Public Law 93–389 1974-08-24 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–389
AN ACT To extend for three years the District of Columbia Medical and Dental Manpower Act of 1970.

August 24, 1974

[H. R. 11108]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) section

District of Columbia Medical and Dental Manpower Act of 1970, extension.

 303(c) of the District of Columbia Medical and Dental Manpower Act of 1970 (D.C. Code, sec. 31–922(c)) is amended to read as follows: “(c) There are authorized to be appropriated such sums as may be necessary for the fiscal years ending June 30, 1975, and June 30, 1976, to make grants under this section.”. (b) Section 303(b) of such Act is amended by striking out “section 772 of the Public Health Service Act (42 U.S.C. 295f–2)” and inserting in lieu thereof “section 773 of the Public Health Service Act”.

42 USC 295f–3.
Approved August 24, 1974.
Public Law 93–390: To amend the title of the Foreign Assistance Act of 1961 concerning the Overseas Private Investment Corporation to extend the authority for the Corporation, to authorize the Corporation to issue reinsurance, to terminate certain activities of the Corporation, and for other purposes. Public Law 390 Public Law 93–390 1974-08-27 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–390
AN ACT To amend the title of the Foreign Assistance Act of 1961 concerning the Overseas Private Investment Corporation to extend the authority for the Corporation, to authorize the Corporation to issue reinsurance, to terminate certain activities of the Corporation, and for other purposes.

August 27, 1974

[S. 2957]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Overseas Private Investment Corporation Amendments Act of 1974.

 be cited as the “Overseas Private Investment Corporation Amendments Act of 1974”.
Sec. 2. Title IV of chapter 2 of part I of the Foreign Assistance Act

22 USC 2191 note.

 of 1961 (22 U.S.C. 2191–2200a) is amended as follows: (1) In section 231—

22 USC 2191.

 (A) in the first sentence, strike out “progress” and insert in lieu thereof “development”; 88 Stat. 764 (B) strike out clause (a) and insert in lieu thereof the following: “(a) to conduct financing, insurance, and reinsurance operations on a self-sustaining basis, taking into account in its financing operations the economic and financial soundness of projects;; (C) in clause (d) strike out “, when appropriate,”, and insert after “efforts to share its insurance” the following: “and reinsurance”; (D) strike out clause (e) and insert in lieu thereof the following: “(e) to give preferential consideration in its investment insurance, financing, and reinsurance activities (to the maximum extent practicable consistent with the Corporation’s purposes) to investment projects involving businesses of not more than $2,500,000 net worth or with not more than $7,500,000 in total assets;”; (E) in clause (i), after “balance-of-payments” insert “and employment”; (F) in clause (j), strike out “and” after the semicolon; (G) at the end of clause (k), strike out the period and insert in lieu thereof a semicolon; and (H) add at the end thereof the following new clauses: “(l) to the maximum extent practicable, to give preferential consideration in the Corporation’s investment insurance, financing, and reinsurance activities to investment projects in the less developed friendly countries which have per capita incomes of $450 or less in 1973 United States dollars; and “(m)(1) to decline to issue any contract of insurance or reinsurance, or any guaranty, or to enter into any agreement to provide financing for an eligible investor’s proposed investment if the Corporation determines that such investment is likely to cause such investor (or the sponsor of an investment project in which such investor is involved) significantly to reduce the number of his employees in the United States because he is replacing his United States production with production from such investment which involves substantially the same product for substantially the same market as his United States production; and (2) to monitor conformance with the representations of the investor on which the Corporation relied in making the determination required by clause (1).” (2) Section 234 is amended—

22 USC 2194.

 (A) by striking out the section caption and inserting in lieu thereof the following: “Investment Insurance and Other Programs”; (B) by striking out subsection (a)(2) and inserting in lieu thereof the following: “(2) Recognizing that major private investments in less developed friendly countries or areas are often made by enterprises in which there is multinational participation, including significant United States private participation, the Corporation may make arrangements with foreign governments (including agencies, instrumentalities, or 88 Stat. 765 political subdivisions thereof) or with multilateral organizations and institutions for sharing liabilities assumed under investment insurance for such investments and may in connection therewith issue insurance to investors not otherwise eligible hereunder, except that liabilities assumed by the Corporation under the authority of this subsection shall be consistent with the purposes of this title and that the maximum share of liabilities so assumed shall not exceed the proportionate participation by eligible investors in the total project financing, and that the maximum share of liabilities so assumed under paragraph (1)(A) and (B) or paragraph (1)(C) shall not exceed the Corporation’s proportional share for such liabilities as specified in paragraph (4) or (5) of this subsection.” (C) by adding at the end of subsection (a) thereof the following new paragraphs: “(4)(A) It is the intention of Congress that the Corporation achieve participation by private insurance companies, multilateral organizations, or others in liabilities incurred in respect of the risks referred to in paragraph (1)(A) and (B) of this subsection under contracts issued on and after January 1, 1975, of at least 25 per centum, and, under contracts issued on and after January 1, 1978, of at least 50 per centum. If for good reason it is not possible for the Corporation

Report to congressional committees.

 to achieve either such percentage of participation, the Corporation shall report in detail to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the reasons for its inability to achieve either such percentage of participation, and the date by which such percentage is to be achieved. “(B) The Corporation shall not participate as insurer under contracts of insurance issued after December 31, 1979, in respect of the risks referred to in paragraph (1)(A) and (B) of this subsection unless Congress by law modifies this paragraph. “(5)(A) It is the intention of Congress that the Corporation achieve participation by private insurance companies, multilateral organizations, or others in liabilities incurred in respect of the risks referred to in paragraph (1)(C) of this subsection under contracts issued on and after January 1, 1976, of at least 12½ per centum, and, under contracts issued on and after January 1, 1979, of at least 40 per centum. If for good reason it is not possible for the Corporation

Report to congressional committees.

 to achieve either such percentage of participation, the Corporation shall report in detail to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the reasons for its inability to achieve either such percentage of participation and the date by which such percentage is to be achieved. “(B) The Corporation shall not participate as insurer under contracts of insurance issued after December 31, 1980, in respect of the risks referred to in paragraph (1)(C) of this subsection unless Congress by law modifies this paragraph. “(6) Notwithstanding any of the percentages of participation under paragraphs (4)(A) and (5)(A) of this subsection, the Corporation may agree to assume liability as insurer for any contract of insurance, or share thereof, that a private insurance company, multilateral 88 Stat. 766 organization, or any other person has issued in respect of the risks referred to in paragraph (1) of this subsection, and neither the execution of any such agreement to assume liability nor its performance by the Corporation shall be considered as participation by the Corporation in any such contract for purposes of such percentages of participation. On and after January 1, 1981, the Corporation shall not enter into any such agreement to assume liability. “(7) On and after December 31, 1979, the Corporation shall not manage direct insurance issued after such date in respect of risks referred to in paragraph (1)(A) or (B) of this subsection unless Congress by law modifies this sentence. On and after December 31, 1980, the Corporation shall not manage direct insurance issued after such date in respect of risks referred to in paragraph (1)(C) of this subsection unless Congress by law modifies this sentence. It shall thereafter act solely as a reinsurer except to the extent necessary to manage its outstanding insurance and reinsurance contracts and any contracts of insurance the Corporation assumes pursuant to paragraph (6).”; and (D) by adding at the end thereof the following new subsection: “(f) Other insurance functions.—(1) To make and carry out contracts of insurance or reinsurance, or agreements to associate or share risks, with insurance companies, financial institutions, any other persons, or groups thereof, and employing the same, where appropriate, as its agent, or acting as their agent, in the issuance and servicing of insurance, the adjustment of claims, the exercise of subrogation rights, the ceding and accepting of reinsurance, and in any other matter incident to an insurance business. “(2) To enter into pooling or other risk-sharing arrangements with other national or multinational insurance or financing agencies or groups of such agencies. “(3) To hold an ownership interest in any association or other entity established for the purposes of sharing risks under investment insurance. “(4) To issue, upon such terms and conditions as it may determine, reinsurance of liabilities assumed by other insurers or groups thereof in respect of risks referred to in subsection (a)(1). The authority granted by paragraph (3) may be exercised notwithstanding the prohibition under subsection (c) against the Corporation purchasing or investing in any stock in any other corporation. The amount of reinsurance of liabilities under this title which the Corporation may issue shall not exceed $600,000,000 in any one year, and the amount of such reinsurance shall not in the aggregate exceed at any one time an amount equal to the amount authorized for the maximum contingent liability outstanding at any one time under section 235(a)(1). All reinsurance issued by the Corporation under

22 USC 2195.

 this subsection shall require that the reinsured party retain for his own account specified portions of liability, whether first loss or otherwise, and the Corporation shall endeavor to increase such specified portions to the maximum extent possible.” (3) In section 235— (A) strike out “1974” in subsection (a)(4) and insert in lieu thereof “1977”; (B) in subsection (d), strike out “insurance issued under section 234(a)” and insert in lieu thereof the following: “insurance or reinsurance issued under section 234”; and

Ante, p. 764.

 (C) strike out subsection (f) and insert in lieu thereof the following:88 Stat. 767 “(f) There are authorized to be appropriated to the Corporation,

Appropriation.

 to remain available until expended, such amounts as may be necessary from time to time to replenish or increase the insurance and guaranty fund, to discharge the liabilities under insurance, reinsurance, or guaranties issued by the Corporation or issued under predecessor guaranty authority, or to discharge obligations of the Corporation purchased by the Secretary of the Treasury pursuant to this subsection. However, no appropriations shall be made to augment the Insurance Reserve until the amount of funds in the Insurance Reserve is less than $25,000,000. Any appropriations to augment the Insurance Reserve shall then only be made either pursuant to specific authorization enacted after the date of enactment of the Overseas Private Investment Corporation Amendments Act of 1974, or to satisfy the full faith and credit provision of section 237(c). In order to discharge liabilities under investment insurance

Infra.

 or reinsurance, the Corporation is authorized to issue from time to time for purchase by the Secretary of the Treasury its notes, debentures, bonds, or other obligations; but the aggregate amount of such obligations outstanding at any one time shall not exceed $100,000,000. Any such obligation shall be repaid to the Treasury within one year after the date of issue of such obligation. Any such obligation shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of any obligation authorized by this subsection. The Secretary of the Treasury shall purchase any obligation of the Corporation issued under this subsection, and for such purchase he may use as a public debt transaction the proceeds of the sale of any securities issued under the Second Liberty Bond Act after the date of enactment of the Overseas Private Investment Corporation Amendments Act of 1974. The purpose for which securities may be issued under such Bond Act shall include any such purchase.”

31 USC 774.

 (4) In section 237—

22 USC 2197.

 (A) in subsection (a), strike out “and guaranties” and insert in lieu thereof a comma and “guaranties, and reinsurance”; and strike out “or guaranties” and insert in lieu thereof a comma and “guaranties, or reinsurance”; (B) in subsection (b), strike out “or guaranty” in both places and insert in lieu thereof in both places the following: “, guaranty or reinsurance”; (C) in subsection (c), insert “, reinsurance,” after “insurance” in both places it occurs: (D) strike out subsection (d) and insert in lieu thereof the following: “(d) Fees shall be charged for insurance, guaranty, and reinsurance coverage in amounts to be determined by the Corporation. In the event fees charged for investment insurance, guaranties, or reinsurance are reduced, fees to be paid under existing contracts for the same type of insurance, guaranties, or reinsurance and for similar guaranties issued under predecessor guaranty authority may be reduced.”; (E) in subsection (e), strike out “or guaranty” and insert in lieu thereof a comma and “guaranty, or reinsurance”; (F) in subsection (f), insert “, reinsurance,” after “insurance” in both places it occurs; (G) add at the end of subsection (f) the following: “Notwithstanding the preceding sentence, the Corporation shall limit the amount of direct insurance and reinsurance issued by it under section 234 so that risk of loss as to at least 10 per centum of the total

Ante, p. 764.

 investment of the insured and its affiliates in the project is borne 88 Stat. 768 by the insured and such affiliates. The preceding sentence shall not apply to the extent not permitted by State law.”; (H) in subsection (g), after “guaranty”, insert a comma and “insurance, or reinsurance”; (I) in subsection (h), strike out “or guaranties” and insert in lieu thereof a comma and “guaranties, or reinsurance”; (J) in subsection (i), after “insurance”, insert “, reinsurance,”; and (K) strike out subsection (k) and insert in lieu thereof the following: “(k) In making a determination to issue insurance, guaranties, or reinsurance under this title, the Corporation shall consider the possible adverse effect of the dollar investment under such insurance, guaranty, or reinsurance upon the balance of payments of the United States.” (5) In section 239—

22 USC 2199.

 (A) in subsection (b), add the following new sentences at the end thereof: “On December 31, 1979, the Corporation shall cease operating the programs authorized by section 234 (b) through

22 USC 2194.

22 USC 2200.

 (e) and section 240. Thereafter, the President is authorized to transfer such programs, and all obligations, assets, and related rights and responsibilities arising out of, or related to, such programs to other agencies of the United States. Upon any such transfer, these programs shall be limited to countries with per capita income of $450 or less in 1973 dollars.”; and (B) add at the end thereof the following: “(h) Within six months after the date of enactment of this subsection the Corporation shall develop and implement specific criteria intended to minimize the potential environmental implications of projects undertaken by investors abroad in accordance with any of the programs authorized by this title.” (6) In section 240(h), strike out “1974” and insert in lieu thereof

22 USC 2200.

 “1977”. (7) In section 240A, strike out subsection (b) and insert in lieu

22 USC 2200a.

 thereof the following: “(b) Not later than January 1, 1976, the Corporation shall submit

Report to Congress.

 to the Congress an analysis of the possibilities of transferring all of its activities to private insurance companies, multilateral organizations and institutions, or other entities.”
Approved August 27, 1974.
Public Law 93–391: Making appropriations for the Department of Transportation and related agencies for the fiscal year ending June 30, 1975, and for other purposes. Public Law 391 Public Law 93–391 1974-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–391
AN ACT Making appropriations for the Department of Transportation and related agencies for the fiscal year ending June 30, 1975, and for other purposes.

August 28, 1974

[H. R. 15405]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Department of Transportation and Related Agencies Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending June 30, 1975, and for other purposes, namely: 88 Stat. 769 <num value="I">TITLE I</num><heading class="centered">DEPARTMENT OF TRANSPORTATION</heading> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $27,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine, $31,000,000: <proviso><i>Provided</i>, That not to exceed $882,900 of the funds provided under this Act shall be available to enable the Office of the Secretary to lease and maintain automobile parking facilities in the Nassif Building for employees of the Department.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Transportation Planning, Research, and Development</heading> <content>For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $28,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Grants-in-Aid for Natural Gas Pipeline Safety</heading> <content>For grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $1,200,000, to remain available until expended.</content> </appropriations> <appropriations level="major"><heading>COAST GUARD</heading> <appropriations level="intermediate"><heading>Operating Expenses</heading> <content>For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed sixteen passenger motor vehicles, for replacement only; and recreation and welfare; $618,144,448, of which $179,448 shall be applied to Capehart Housing debt reduction: <proviso><i>Provided</i>, That the number of aircraft <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t14/s92">14 USC 92</ref> note.</p></sidenote> on hand at any one time shall not exceed one hundred and seventy-nine exclusive of planes and parts stored to meet future attrition:</proviso> <proviso><i>Provided further</i>, That, without regard to any provisions of law or Executive order prescribing minimum flight requirements, Coast Guard regulations which establish proficiency standards and maximum and minimum flying hours for this purpose many provide for the payment of flight pay at the rates prescribed in section 301 of title 37, United States Code, to certain members of the Coast Guard otherwise entitled to receive flight pay during the current fiscal year (1) who <page identifier="/us/stat/88/770">88 <inline class="smallCaps">Stat.</inline> 770</page> have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska, makes it impractical to participate in regular aerial flights, or who have been assigned to a course of instruction of 90 days or more:</proviso> <proviso><i>Provided further</i>, That amounts equal to the obligated balances against the appropriations for “Operating expenses” for the two preceding years, shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Acquisition, Construction, and Improvements</heading> <content>For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; $112,307,000, to remain available until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"><heading>Alteration of Bridges</heading> <content>For necessary expenses for alteration of obstructive bridges; $6,800,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Retired Pay</heading> <content>For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman’s Family Protection and Survivor Benefit Plans; $95,850,000.</content> </appropriations> <appropriations level="intermediate"><heading>Reserve Training</heading> <content>For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $29,000,000: <proviso><i>Provided</i>, That amounts equal to the obligated balances against the appropriations for “Reserve training” for the two preceding years shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Research, Development, Test, and Evaluation</heading> <content>For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $17,500,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>State Boating Safety Assistance</heading> <content>For financial assistance for State boating safety programs in accordance with the provisions of the Federal Boat Safety Act of 1971 (46 U.S.C. 1474–1480), $6,000,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/771">88 <inline class="smallCaps">Stat.</inline> 771</page> <appropriations level="major"><heading>FEDERAL AVIATION ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Operations</heading> <content>For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act; purchase of four passenger motor vehicles for <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1701">49 USC 1701</ref> note.</p></sidenote> replacement only; and purchase and repair of skis and snowshoes; $1,375,500,000: <proviso><i>Provided</i>, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Facilities, Engineering and Development</heading> <content>For necessary expenses of the Federal Aviation Administration, not otherwise provided for, and for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant; $12,250,000, to remain available until expended: <proviso><i>Provided</i>, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for engineering and development.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Facilities and Equipment (Airport and Airway Trust Fund)</heading> <content>For necessary expenses, not otherwise provided for; for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available, and purchase of six aircraft; $235,521,000, to be derived from the Airport and Airway Trust Fund, to remain available until June 30, 1977: <proviso><i>Provided</i>, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities:</proviso> <proviso><i>Provided further</i>, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase any land for or in connection with the National Aviation Facilities Experimental Center, or to remote or decommission any existing flight service station.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Research, Engineering and Development (Airport and Airway Trust Fund)</heading> <content>For necessary expenses, not otherwise provided, for research, engineering and development in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant; $60,000,000, to be derived from the Airport and Airway <page identifier="/us/stat/88/772">88 <inline class="smallCaps">Stat.</inline> 772</page> Trust Fund, to remain available until expended: <proviso><i>Provided</i>, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Grants-in-Aid for Airports (Airport and Airway Trust Fund)</heading> <content>For liquidation of obligations incurred for airport development <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1714">49 USC 1714.</ref></p></sidenote> under authority contained in section 14 of Public Law 91–258, as amended, to be derived from the Airport and Airway Trust Fund and to remain available until expended, $280,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Operation and Maintenance, National Capital Airports</heading> <content>For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of ten passenger motor vehicles for police type use, for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition: $16,000,000.</content> </appropriations> <appropriations level="intermediate"><heading>Construction, National Capital Airports</heading> <content>For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia, $5,700,000, to remain available until June 30, 1977.</content> </appropriations> <appropriations level="intermediate"><heading>Aviation War Risk Insurance Revolving Fund</heading> <content>The Secretary of Transportation is hereby authorized to make such expenditures, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act.</content> </appropriations> </appropriations> <appropriations level="major"><heading>FEDERAL HIGHWAY ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Limitation on General Operating Expenses</heading> <content>Necessary expenses for administration, operation, and research of the Federal Highway Administration not to exceed $129,200,000 shall be paid, in accordance with law, from appropriations made available by this Act to the Federal Highway Administration together with advances and reimbursements received by the Federal Highway Administration: <proviso><i>Provided</i>, That not to exceed $30,600,000 of the amount provided herein shall remain available until expended.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Motor Carrier Safety</heading> <content>For necessary expenses to carry out motor carrier safety functions of the Secretary, as authorized by the Department of Transportation Act (80 Stat. 939–40), $6,130,000: <proviso><i>Provided</i>, That not to exceed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s1651">49 USC 1651</ref> note.</p></sidenote> $500,000 of the amount appropriated herein shall remain available until expended and not to exceed $805,000, shall be available for “Limitation on general operating expenses.”</proviso></content> </appropriations> <page identifier="/us/stat/88/773">88 <inline class="smallCaps">Stat.</inline> 773</page> <appropriations level="intermediate"><heading>Highway Safety Research and Development</heading> <content>For necessary expenses in carrying out provisions of title 23, United States Code, including section 206(b) of the “Highway Safety Act of 1973,” to be derived from the Highway Trust Fund, $9,000,000, to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s151">23 USC 151</ref> note.</p></sidenote> remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Highway Beautification (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 131, 136, and 319(b), $25,000,000 to remain available until expended, together with $1,000,000 for necessary administrative expenses for carrying out such provisions of title 23, United States Code, as authorized by section 104(a) of the Federal-Aid Highway Act of 1973.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/87/250">87 Stat. 250.</ref></p></sidenote></content> </appropriations> <appropriations level="intermediate"><heading>Highway-Related Safety Grants (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $12,000,000 of which $7,500,000 shall be derived from the Highway Trust Fund: <proviso><i>Provided</i>, That not to exceed $498,000 of the amount appropriated herein shall be available for “Limitation on General operating expenses.”</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Rail Crossings—Demonstration Projects</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 322, to remain available until expended, $3,000,000, of which $2,000,000 shall be derived from the Highway Trust Fund.</content> </appropriations> <appropriations level="intermediate"><heading>Railroad-Highway Crossings Demonstration Projects</heading> <content>For necessary expenses of railroad-highway crossings demonstration projects, as authorized by section 163 of the Federal-Aid Highway Act of 1973, to remain until expended, $11,000,000, to be derived by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s130">23 USC 130</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s130/s405">23 USC 130 note, 405.</ref></p></sidenote> transfer from amounts available for obligation under sections 203 and 230 of the Highway Safety Act of 1973.</content> </appropriations> <appropriations level="intermediate"><heading>Rural Highway Public Transportation Demonstration Program</heading> <content>For necessary expenses in carrying out the provisions of the “Federal-Aid Highway Act of 1973,” section 147, to remain available <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s142">23 USC 142</ref> note.</p></sidenote> until expended, $10,000,000, of which $7,000,000 shall be derived from the Highway Trust Fund.</content> </appropriations> <appropriations level="intermediate"><heading>Territorial Highways (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 215, 402, and 405, $4,000,000 to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/774">88 <inline class="smallCaps">Stat.</inline> 774</page> <appropriations level="intermediate"><heading>Darien Gap Highway</heading> <content>For necessary expenses for construction of the Darien Gap Highway in accordance with the provisions of section 216 of title 23 of the United States Code, $20,000,000, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Alaska Highway</heading> <content>For necessary expenses to carry out the provisions of section 218 of title 23 of the United States Code, $5,000,000 to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Federal-Aid Highways (Liquidation of Contract Authorization) (Trust Fund)</heading> <content>For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended pursuant to the provisions of section 308, title 23, United States Code, $4,575,840,000 or so much thereof as may be available in and derived from the “Highway trust fund”, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Highway Safety Construction Programs (Liquidation of Contract Authorization) (Trust Fund)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, sections 130, 144, 151, 152, 153, and 405, $110,000,000, to be derived from the Highway Trust Fund, to remain available until expended.</content> </appropriations> <appropriations level="intermediate"><heading>Right-of-Way Revolving Fund (Liquidation of Contract Authorization) (Trust Fund)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 108(c), as authorized by section 7(c) of the Federal-Aid Highway Act of 1968, to remain available <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s108">23 USC 108</ref> note.</p></sidenote> until expended, $20,000,000, to be derived from the “Highway Trust Fund” at such times and in such amounts as may be necessary to meet current withdrawals.</content> </appropriations> <appropriations level="intermediate"><heading>Forest Highways (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 204, pursuant to contract authorization granted by title 23, United States Code, section 203, to remain available until expended, $12,450,000.</content> </appropriations> <appropriations level="intermediate"><heading>Public Lands Highway (Liquidation of Contract Authorization)</heading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 209, pursuant to the contract authorization granted by title 23, United States Code, section 203, $8,270,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/775">88 <inline class="smallCaps">Stat.</inline> 775</page> <appropriations level="intermediate"><heading>Baltimore-Washington Parkway</heading> <content>For necessary expenses, not otherwise provided, to carry out the provisions of the Federal-Aid Highway Act of 1970, for the Baltimore-Washington <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101</ref> note.</p></sidenote> Parkway, to remain available until expended, $1,600,000 to be derived from the “Highway Trust Fund” and to be withdrawn therefrom at such times and in such amounts as may be necessary.</content> </appropriations> </appropriations> <appropriations level="major"><heading>NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Traffic and Highway Safety</heading> <content>For expenses necessary to discharge the functions of the Secretary with respect to traffic and highway safety and functions under the Motor Vehicle Information and Cost Savings Act (Public Law 92–513), $73,445,000, of which $29,130,000 shall be derived from the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s1901">15 USC 1901</ref> note.</p></sidenote> Highway Trust Fund; <proviso><i>Provided</i>, That not to exceed $34,800,000 shall remain available until expended for the contractual and State grant requirements of the Motor Vehicle Information and Cost Savings Act, and the contractual requirements of Research and Analysis activities.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>State and Community Highway Safety</heading> <subheading>(Liquidation of Contract Authorization)</subheading> <content>For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, to remain available until expended, $96,000,000, of which $85,140,000 shall be derived from the Highway Trust Fund.</content> </appropriations> </appropriations> <appropriations level="major"><heading>FEDERAL RAILROAD ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Office of the Administrator</heading> <content>For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $3,800,000.</content> </appropriations> <appropriations level="intermediate"><heading>Railroad Safety</heading> <content>For necessary expenses in connection with railroad safety, not otherwise provided for, $10,170,000.</content> </appropriations> <appropriations level="intermediate"><heading>Grants-in-Aid for Railroad Safety</heading> <content>For grants-in-aid to carry out a railroad safety program, $1,000,000, to remain available until expended: <proviso><i>Provided</i>, That the unobligated balance of this appropriation for fiscal year 1974 is hereby continued available until expended.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Railroad Research and Development</heading> <content>For necessary expenses for research, development, and demonstrations in high-speed ground transportation and in rail matters generally, $50,000,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/776">88 <inline class="smallCaps">Stat.</inline> 776</page> <appropriations level="intermediate"><heading>Grants to the National Railroad Passenger Corporation</heading> <content>To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation, $135,000,000, to remain available until expended, of which $119,800,000 shall be available only upon the enactment into law of authorizing legislation by the Congress.</content> </appropriations> <appropriations level="intermediate"><heading>The Alaska Railroad</heading> <appropriations level="small"><heading>alaska railroad revolving fund</heading> <content>The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served; and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be reimbursed as therein provided: <proviso><i>Provided</i>, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS–15, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote> except the general manager of said railroad, one assistant general manager at not to exceed the salaries prescribed by said Act for GS–17, and five officers at not to exceed the salaries prescribed by said Act for grade GS–16.</proviso></content> </appropriations> <appropriations level="small"><heading>payment to the alaska railroad revolving fund</heading> <content>For payment to the Alaska Railroad Revolving Fund for capital replacements, improvements, and maintenance, $6,250,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>URBAN MASS TRANSPORTATION ADMINISTRATION</heading> <appropriations level="intermediate"><heading>Urban Mass Transportation Fund</heading> <appropriations level="small"><heading>administrative expenses</heading> <content>For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91–453) and the Federal-Aid Highway Act of 1973 (Public Law 93–87) in connection <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101</ref> note.</p></sidenote> with the activities, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901–5902); hire of passenger motor vehicle; and services as authorized by 5 U.S.C. 3109; $6,000,000: <proviso><i>Provided, however</i>, That there be a 3.5 per centum reduction in new budget (obligational) authority across the board of the total appropriations contained in this Act except for the appropriations for Coast Guard, operating expenses; Coast Guard, retired pay; Federal Aviation Administration, operations; National Transportation Safety Board, salaries and expenses; Civil Aeronautics Board, salaries and expenses; Civil Aeronautics Board, payments to aircrafters; Interstate Commerce Commission, salaries and expenses; and except for all limitations:</proviso> <proviso><i>Provided further</i>, That the appropriation for Darien Gap Highway is reduced by an additional $6,000,000.</proviso></content> </appropriations> <page identifier="/us/stat/88/777">88 <inline class="smallCaps">Stat.</inline> 777</page> <appropriations level="small"><heading>research, development, and demonstrations and university research and training</heading> <content>For an additional amount for the urban mass transportation program, as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended; $45,130,000: <proviso><i>Provided</i>, That $41,880,000 shall be available for research, development, and demonstrations, $2,250,000 shall be available for university research and training, and not to exceed $1,000,000 shall be available for managerial training as authorized under the authority of the said act.</proviso></content> </appropriations> <appropriations level="small"><heading>liquidation of contract authorization</heading> <content>For payment to the urban mass transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91–453), $400,000,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION</heading> <chapeau class="firstIndent1 fontsize10">The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s849">31 USC 849.</ref></p></sidenote> out the programs set forth in the budget for the current fiscal year for such Corporation except as hereinafter provided.</chapeau> <appropriations level="intermediate"><heading>Limitation on Administrative Expenses, Saint Lawrence Seaway Development Corporation</heading> <content>Not to exceed $886,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation: <proviso><i>Provided</i>, That Corporation funds shall be available for the hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901–5902), and $15,000 for services as authorized by 5 U.S.C. 3109.</proviso></content> </appropriations> </appropriations> <num value="II">TITLE II</num><heading class="centered">RELATED AGENCIES</heading> <appropriations level="major"><heading>NATIONAL TRANSPORTATION SAFETY BOARD</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the National Transportation Safety Board, $9,450,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/778">88 <inline class="smallCaps">Stat.</inline> 778</page> <appropriations level="major"><heading>CIVIL AERONAUTICS BOARD</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); and not to exceed $1,000 for official reception and representation expenses, $17,150,000.</content> </appropriations> <appropriations level="intermediate"><heading>Payments to Air Carriers</heading> <content>For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 406 of the Federal Aviation Act of 1958 (49 U.S.C. 1376), as is payable by the Board, $67,728,000, to remain available until expended.</content> </appropriations> </appropriations> <appropriations level="major"><heading>INTERSTATE COMMERCE COMMISSION</heading> <appropriations level="intermediate"><heading>Salaries and Expenses</heading> <content>For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, $43,000,000, of which $150,000 shall be available for valuation of pipelines: <proviso><i>Provided</i>, That Joint Board members and cooperating State commissioners may use <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t49/s305a">49 USC 305a.</ref></p></sidenote> Government transportation requests when traveling in connection with their duties as such.</proviso></content> </appropriations> </appropriations> <appropriations level="major"><heading>THE PANAMA CANAL</heading> <appropriations level="intermediate"><heading>Canal Zone Government</heading> <appropriations level="small"><heading>operating expenses</heading> <content>For operating expenses necessary for the Canal Zone Government, including operation of the Postal Service of the Canal Zone; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); expenses incident to conducting hearings on the Isthmus; expenses of special training of employees of the Canal Zone Government as authorized by 5 U.S.C. 4101–4118, contingencies of the Governor, residence for the Governor; medical aid and support of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable; and maintaining and altering facilities of other Government agencies in the Canal Zone for Canal Zone Government use, $62,700,000.</content> </appropriations> <appropriations level="small"><heading>capital outlay</heading> <content>For acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (2 C.Z. Code, sec. 2; 2 C.Z. Code, sec. 371), including the purchase of not to exceed sixteen passenger motor vehicles of which fourteen are for replacement only; improving facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and expenses incident to the retirement of such assets; $6,000,000, to remain available until expended.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/779">88 <inline class="smallCaps">Stat.</inline> 779</page> <appropriations level="intermediate"><heading>Panama Canal Company</heading> <appropriations level="small"><heading>corporation</heading> <content>The Panama Canal Company is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation, including maintaining and improving facilities of other Government agencies in the Canal Zone for Panama Canal Company use.</content> </appropriations> <appropriations level="small"><heading>limitation on general and administrative expenses</heading> <content>Not to exceed $23,837,000 of the funds available to the Panama Canal Company shall be available for obligation during the current fiscal year for general and administrative expenses of the Company, including operation of tourist vessels and guide services. Funds available to the Panama Canal Company for obligation shall be available for the purchase of not to exceed twenty-nine passenger motor vehicles, including one medium sedan, for replacement only, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY</heading> <appropriations level="small"><heading>federal contribution</heading> <content>To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority, as part of the Federal contribution toward expenses necessary to design, engineer, construct, and equip a rail rapid transit system, as authorized by the National Capital Transportation Act of 1969 (Public Law 91–143) as amended, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/dcc/1/1441">D.C. Code 1–1441</ref> note.</p></sidenote> including acquisition of rights-of-way, land, and interest therein, to remain available until expended, $52,724,000 for the fiscal year 1976, and for the fiscal year 1975, $19,400,000 for the design and construction of facilities for the handicapped as authorized by Public Law 93–87.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t23/s101">23 USC 101</ref> note.</p></sidenote> </appropriations> <appropriations level="small"><heading>interest subsidy</heading> <content>To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority the interest subsidy authorized by Public Law 92–349, $17,750,000, to remain available until <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/86/464">86 Stat. 464.</ref></p></sidenote> expended.</content> </appropriations> </appropriations> <num value="III">TITLE III</num><heading class="centered">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; and uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).</content> </section> <page identifier="/us/stat/88/780">88 <inline class="smallCaps">Stat.</inline> 780</page> <section class="firstIndent1 fontsize10"><num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <content>None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for grants-in-aid for airport development aggregating more than $310,000,000 in fiscal year 1975.</content> </section> <section class="firstIndent1 fontsize10"><num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <content>None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $45,000,000 for “Highway Beautification” in fiscal year 1975.</content> </section> <section class="firstIndent1 fontsize10"><num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <content>None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $100,000,000 in fiscal year 1975 for “State and Community Highway Safety” and “Highway-Related Safety Grants”.</content> </section> <section class="firstIndent1 fontsize10"><num value="305"><inline class="smallCaps">Sec.</inline> 305.</num> <content>None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $4,600,000 in fiscal year 1975 for “Territorial Highways”.</content> </section> <section class="firstIndent1 fontsize10"><num value="306"><inline class="smallCaps">Sec.</inline> 306.</num> <content>None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for the Urban Mass Transportation Act of 1964, as amended, aggregating more than $1,445,250,000 in fiscal year 1975.</content> </section> <section class="firstIndent1 fontsize10"><num value="307"><inline class="smallCaps">Sec.</inline> 307.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"><num value="308"><inline class="smallCaps">Sec.</inline> 308.</num> <content>None of the funds provided under this Act shall be available <sidenote><p class="indent0 firstIndent1 fontsize8">Everglades National Park, Fla.</p> <p class="indent0 firstIndent1 fontsize8">Ecology study.</p></sidenote> for the planning or execution of programs for any further construction of the Miami jetport or of any other air facility in the State of Florida lying south of the Okeechobee Waterway and in the drainage basins contributing water to the Everglades National Park until it has been shown by an appropriate study made jointly by the Department of the Interior and the Department of Transportation that such an airport will not have an adverse environmental effect on the ecology of the Everglades and until any site selected on the basis of such study is approved by the Department of the Interior and the Department of Transportation: <proviso><i>Provided</i>, That nothing in this section shall affect the availability of such funds to carry out this study.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="309"><inline class="smallCaps">Sec.</inline> 309.</num> <content>The Governor of the Canal Zone is authorized to employ services as authorized by 5 U.S.C. 3109, in an amount not exceeding $150,000.</content> </section> <section class="firstIndent1 fontsize10"><num value="310"><inline class="smallCaps">Sec.</inline> 310.</num> <content>Funds appropriated for operating expenses of the Canal Zone Government may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C. 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions.</content> </section> <section class="firstIndent1 fontsize10"><num value="311"><inline class="smallCaps">Sec.</inline> 311.</num> <content>Funds appropriated under this Act for expenditure by <sidenote><p class="indent0 firstIndent1 fontsize8">FAA and Coast Guard personnel, dependents’ school expenses.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s241">20 USC 241</ref> note.</p></sidenote> the Federal Aviation Administration and the Coast Guard shall be available (1) for expenses of primary and secondary schooling for dependents of Federal Aviation Administration and Coast Guard personnel stationed outside the continental United States at costs for any <page identifier="/us/stat/88/781">88 <inline class="smallCaps">Stat.</inline> 781</page> given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation on a regular basis.</content> </section> <section class="firstIndent1 fontsize10"><num value="312"><inline class="smallCaps">Sec.</inline> 312.</num> <content>Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–18.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"><num value="313"><inline class="smallCaps">Sec.</inline> 313.</num> <content>None of the funds in this Act shall be available for the implementation or execution of a program in the Department of Transportation to collect fees, charges or prices for approvals, tests, authorizations, certificates, permits, registrations, and ratings which are in excess of the levels in effect on January 1, 1973, or which did not exist as of January 1, 1973, until such program is reviewed and approved by the appropriate committees of the Congress.</content> </section> <section class="firstIndent1 fontsize10"><num value="314"><inline class="smallCaps">Sec.</inline> 314.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Space and service charges.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 percent of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="315"><inline class="smallCaps">Sec.</inline> 315.</num> <content><p>None of the funds provided under this Act shall be <sidenote><p class="indent0 firstIndent1 fontsize8">Mass transportation facilities.</p></sidenote> available for the purchase of passenger rail or subway cars, for the purchase of motor buses or for the construction of related facilities unless such cars, buses and facilities are designed to meet the mass transportation needs of the elderly and the handicapped.</p> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Department of Transportation and <sidenote><p class="indent0 firstIndent1 fontsize8">Short title.</p></sidenote> Related Agencies Appropriation Act, 1975</shortTitle>”.</p></content> </section>
Approved August 28, 1974.
Public Law 93–392: To authorize appropriations for fiscal year 1975 for carrying out the Board for International Broadcasting Act of 1973. Public Law 392 Public Law 93–392 1974-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–392
AN ACT To authorize appropriations for fiscal year 1975 for carrying out the Board for International Broadcasting Act of 1973.

August 28, 1974

[S. 3190]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 8(a)

Board for International Broadcasting.

Appropriation authorization.

 of the Board for International Broadcasting Act of 1973 (22 U.S.C. 2877(a)) is amended— (1) by striking out “$50,209,000 for fiscal year 1974” in the first sentence and inserting in lieu thereof “$49,990,000 for fiscal year 1975, of which not less than $75,000 shall be available solely to initiate broadcasts in the Estonian language and not less than $75,000 shall be available solely to initiate broadcasts in the Latvian language”; and (2) by striking out “fiscal year 1974” in the second sentence and inserting in lieu thereof “fiscal year 1975”.
Approved August 28, 1974.
Public Law 93–393: Making appropriations for public works for water and power development, including the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonneville Power Administration and other power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Atomic Energy Commission, and related independent agencies and commissions for the fiscal year ending June 30, 1975, and for other purposes. Public Law 393 Public Law 93–393 88 Stat. 782 1974-08-28 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 782 Public Law 93–393
AN ACT Making appropriations for public works for water and power development, including the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonneville Power Administration and other power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Atomic Energy Commission, and related independent agencies and commissions for the fiscal year ending June 30, 1975, and for other purposes.

August 28, 1974

[H. R. 15155]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending June 30, 1975, for public works for water and power development, including the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonneville Power Administration and other power agencies of the Department of the Interior, the Appalachian regional development programs, the Federal Power Commission, the Tennessee Valley Authority, the Atomic Energy Commission, and related independent agencies and commissions, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">ATOMIC ENERGY COMMISSION</heading> <appropriations level="intermediate"><heading>Operating Expenses</heading> <content>For necessary operating expenses of the Commission in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2011">42 USC 2011</ref> note.</p></sidenote> the employment of aliens; services authorized by 5 U.S.C. 3109; hire, maintenance, and operation of aircraft; publication and dissemination of atomic information; purchase, repair and cleaning of uniforms; official entertainment expenses (not to exceed $30,000); reimbursement of the General Services Administration for security guard services; hire of passenger motor vehicles; $1,411,960,000 and any moneys (except sums received from disposal of property under the Atomic Energy Community Act of 1955, as amended (42 U.S.C. 2301)) received by the Commission, notwithstanding the provisions of section 3617 of the Revised Statutes (31 U.S.C. 484), to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated for “Operating expenses” in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, with this <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 278.</p></sidenote> appropriation:</proviso> <proviso><i>Provided further</i>, That from this appropriation transfers of sums may be made to other agencies of the Government for the performance of the work for which this appropriation is made, and in such cases the sums so transferred may be merged with the appropriation to which transferred.</proviso></content> </appropriations> <appropriations level="intermediate"><heading>Plant and Capital Equipment</heading> <content>For expenses of the Commission, as authorized by law, in connection with the purchase and construction of plant and the acquisition of capital equipment and other expenses incidental thereto necessary in carrying out the purposes of the Atomic Energy Act of 1954, as amended, including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; purchase of not to exceed three hundred and ninety-five for replacement only, and hire of passenger motor vehicles; purchase of three for replacement only, and hire of aircraft; $330,705,000 to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated for “Plant and capital equipment” in the Special Energy <page identifier="/us/stat/88/783">88 <inline class="smallCaps">Stat.</inline> 783</page> Research and Development Appropriation Act, 1975, shall be merged, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 279.</p></sidenote> without limitation, with this appropriation.</proviso></content> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <content>Not to exceed 5 per centum of appropriations made available <sidenote><p class="indent0 firstIndent1 fontsize8">Transfer of funds; report to congressional committees.</p></sidenote> for the current fiscal year for “Operating expenses” and “Plant and capital equipment” may be transferred between such appropriations, but neither such appropriation, except as otherwise provided herein, shall be increased by more than 5 per centum by any such transfers, and any such transfers shall be reported promptly to the Appropriations Committees of the House and Senate.</content> </section> <num value="II">TITLE II—</num><heading class="inline">DEPARTMENT OF DEFENSE—CIVIL</heading> <appropriations level="intermediate"><heading>Department of the Army</heading> <subheading>Corps of Engineers—Civil</subheading> <chapeau>The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, beach erosion, and related purposes:</chapeau> <appropriations level="small"><heading>general investigations</heading> <content>For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, residu of authorized projects, and when authorized by law, surveys and studies of projects prior to authorization for construction, $65,284,000, to remain available until expended: <proviso><i>Provided</i>, That $1,490,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565), to provide that wildlife <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661</ref> note.</p></sidenote> conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.</proviso></content> </appropriations> <appropriations level="small"><heading>construction, general</heading> <content>For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by law; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction): $973,681,000, to remain available until expended: <proviso><i>Provided</i>, That no part of this appropriation shall be used for projects not authorized by law or which are authorized by law limiting the amount to be appropriated therefor, except as may be within the limits of the amount now or hereafter authorized to be appropriated:</proviso> <proviso><i>Provided further</i>, That $1,800,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565) to provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Department of the Army.</proviso></content> </appropriations> <page identifier="/us/stat/88/784">88 <inline class="smallCaps">Stat.</inline> 784</page> <appropriations level="small"><heading>flood control, mississippi river and tributaries</heading> <content>For expenses necessary for prosecuting work of flood control, and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a, 702g–1), $161,948,000, to remain available until expended: <proviso><i>Provided</i>, That not less than $250,000 shall be available for bank stabilization measures as determined by the Chief of Engineers to be advisable for the control of bank erosion of streams in the Yazoo Basin, including the foothill area, and where necessary such measures shall complement similar works planned and constructed by the Soil Conservation Service and be limited to the areas of responsibility mutually agreeable to the District Engineer and the State Conservationist.</proviso></content> </appropriations> <appropriations level="small"><heading>operation and maintenance, general</heading> <content>For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; administration of laws pertaining to preservation of navigable waters; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation; $446,577,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>flood control and coastal emergencies</heading> <content>For expenses necessary for emergency flood control, hurricane, and shore protection activities, as authorized by section 5 of the Flood Control Act, approved August 18, 1941, as amended, $15,000,000, to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t33/s701n">33 USC 701n.</ref></p></sidenote> remain available until expended.</content> </appropriations> <appropriations level="small"><heading>general expenses</heading> <content>For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers; activities of the Board of Engineers for Rivers and Harbors and the Coastal Engineering Research Center; commercial statistics; and miscellaneous investigations; $38,800,000.</content> </appropriations> <appropriations level="small"><heading>special recreation use fees</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $700,000, to be derived from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 4601): <proviso><i>Provided</i>, That not more than 40 per centum of the foregoing amount shall be available for the enhancement of the fee collection system established by section 4 of such Act, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–6a">16 USC 460<i>l</i>–6a.</ref></p></sidenote> including the promotion and enforcement thereof.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations in this title shall be available for expenses of attendance by military personnel at meetings in the manner authorized by 5 U.S.C. 4110, uniforms, and allowances therefor, as authorized by law (5 U.S.C. 5901–5902), and for printing, either during a recess or ses-<page identifier="/us/stat/88/785">88 <inline class="smallCaps">Stat.</inline> 785</page>sion of Congress, of survey reports authorized by law, and such survey reports as may be printed during a recess of Congress shall be printed, with illustrations, as documents of the next succeeding session of Congress; and during the current fiscal year the revolving fund, Corps of Engineers, shall be available for purchase (not to exceed two hundred and forty-three for replacement only), and hire of passenger motor vehicles: <proviso><i>Provided</i>, That the total capital of the revolving fund shall not exceed $228,000,000.</proviso></content> </appropriations> </appropriations> <num value="III">TITLE III—</num><heading class="inline">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="intermediate"><heading>Bureau of Reclamation</heading> <chapeau>For carrying out the functions of the Bureau of Reclamation as provided in the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary thereto) and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s371">43 USC 371</ref> and note.</p></sidenote> other Acts applicable to that Bureau, as follows:</chapeau> <appropriations level="small"><heading>general investigations</heading> <content>For engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects, to remain available until expended, $19,427,000: <proviso><i>Provided</i>, That none of this appropriation shall be used for more than one-half of the cost of an investigation requested by a State, municipality, or other interest:</proviso> <proviso><i>Provided further</i>, That $400,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565) to provide <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661</ref> note.</p></sidenote> that wildlife conservation shall receive equal consideration and be coordinated with other features of water-resource development programs of the Bureau of Reclamation.</proviso></content> </appropriations> <appropriations level="small"><heading>construction and rehabilitation</heading> <content>For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, to remain available until expended, $244,123,000, of which $115,000,000 shall be derived from the reclamation fund: <proviso><i>Provided</i>, That no part of this appropriation shall be used to initiate the construction of transmission facilities within those areas covered by power wheeling service contracts which include provision for service to Federal establishments and preferred customers, except those transmission facilities for which construction funds have been heretofore appropriated, those facilities which are necessary to carry out the terms of such contracts or those facilities for which the Secretary of the Interior finds the wheeling agency is unable or unwilling to provide for the integration of Federal projects or for service to a Federal establishment or preferred customer:</proviso> <proviso><i>Provided further</i>, That the final point of discharge for the interceptor drain for the San Luis Unit shall not be determined until development by the Secretary of the Interior and the State of California of a plan, which shall conform with the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.</proviso></content> </appropriations> <page identifier="/us/stat/88/786">88 <inline class="smallCaps">Stat.</inline> 786</page> <appropriations level="small"><heading>upper colorado river storage project</heading> <content>For the Upper Colorado River Storage Project, as authorized by the Act of April 11, 1956, as amended (43 U.S.C. 620d), to remain available until expended, $24,621,000, of which $22,967,000 shall be available <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s620d">43 USC 620d.</ref></p></sidenote> for the “Upper Colorado River Basin Fund” authorized by section 5 of said Act of April 11, 1956, and $1,654,000 shall be available for construction of recreational and fish and wildlife facilities authorized by section 8 thereof, and may be expended by bureaus of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s620g">43 USC 620g.</ref></p></sidenote> Department through or in cooperation with State or other Federal agencies, and advances to such Federal agencies are hereby authorized: <proviso><i>Provided</i>, That no part of the funds herein approved shall be available for construction or operation of facilities to prevent waters of Lake Powell from entering any national monument.</proviso></content> </appropriations> <appropriations level="small"><heading>colorado river basin project</heading> <content>For advances to the Lower Colorado River Basin Development Fund, as authorized by section 403 of the Act of September 30, 1968 (82 Stat. 894), for the construction, operation, and maintenance of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1543">43 USC 1543.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1521">43 USC 1521.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1523">43 USC 1523.</ref></p></sidenote> projects authorized by title III of said Act, to remain available until expended $55,800,000, of which $32,800,000 is for liquidation of contract authority provided by section 303(b) of said Act.</content> </appropriations> <appropriations level="small"><heading>colorado river basin salinity control projects</heading> <content>For construction, operation and maintenance of projects authorized by the Act of June 24, 1974, Public Law 93–320, to remain available <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 266.</p></sidenote> until expended, $27,650,000.</content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized by law; and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau of Reclamation, pursuant to law, $97,000,000, of which $80,730,000 shall be derived from the reclamation fund and $3,218,000 shall be derived from the Colorado River Dam fund: <proviso><i>Provided</i>, That funds advanced by water users for operation and maintenance of reclamation projects or parts thereof shall be deposited to the credit of this appropriation and may be expended for the same objects and in the same manner as sums appropriated herein may be expended, and the unexpended balances of such advances shall be credited to the appropriation for the next succeeding fiscal year:</proviso> <proviso><i>Provided further</i>, That no part of the funds appropriated herein shall be used directly or indirectly for the operation of the Newlands Reclamation project in the State of Nevada.</proviso></content> </appropriations> <appropriations level="small"><heading>loan program</heading> <content>For loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for construction of projects, as authorized by the Acts of July 4, 1955, as amended (43 U.S.C. 421a–421d), and August 6, 1956 (43 U.S.C. 422a–422k), as amended, including expenses necessary for carrying out the program, $13,825,000, to remain available until expended: <proviso><i>Provided</i>, That any contract under the Act of July 4, 1955 (69 Stat. 244), as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s421a">43 USC 421a.</ref></p></sidenote> amended, not yet executed by the Secretary, which calls for the mak-<page identifier="/us/stat/88/787">88 <inline class="smallCaps">Stat.</inline> 787</page>ing of loans beyond the fiscal year in which the contract is entered into shall be made only on the same conditions as those prescribed in section 12 of the Act of August 4, 1939 (53 Stat. 1187, 1197).</proviso><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s388">43 USC 388.</ref></p></sidenote></content> </appropriations> <appropriations level="small"><heading>emergency fund</heading> <content>For an additional amount for the “Emergency fund”, as authorized by the Act of June 26, 1948 (43 U.S.C. 502), to remain available until expended for the purposes specified in said Act, $600,000, to be derived from the reclamation fund.</content> </appropriations> <appropriations level="small"><heading>general administrative expenses</heading> <content>For necessary expenses of general administration and related functions in the offices of the Commissioner of Reclamation and in the regional offices of the Bureau of Reclamation, $20,300,000, to be derived from the reclamation fund and to be nonreimbursable pursuant to the Act of April 19, 1945 (43 U.S.C. 377) : <proviso><i>Provided</i>, That no part of any other appropriation in this Act shall be available for activities or functions budgeted for the current fiscal year as general administrative expenses.</proviso></content> </appropriations> <appropriations level="small"><heading>special funds</heading> <content>Sums herein referred to as being derived from the Reclamation fund, the Colorado River Dam Fund, or the Colorado River development fund, are appropriated from the special funds in the Treasury created by the Act of June 17, 1902 (43 U.S.C. 391), the Act of December 21, 1928 (43 U.S.C. 617a), and the Act of July 19, 1940 (43 U.S.C. 618a) respectively. Such sums shall be transferred, upon request of the Secretary, to be merged with and expended under the heads herein specified; and the unexpended balances of sums transferred for expenditure under the heads “Operation and Maintenance” and “General Administrative Expenses” shall revert and be credited to the special fund from which derived.</content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content><p class="firstIndent1 fontsize10">Appropriations to the Bureau of Reclamation shall be available for purchase of not to exceed thirty-four passenger motor vehicles for replacement only; purchase of one aircraft for replacement only; payment of claims for damages to or loss of property, personal injury, or death arising out of activities of the Bureau of Reclamation; payment, except as otherwise provided for, of compensation and expenses of persons on the rolls of the Bureau of Reclamation appointed as authorized by law to represent the United States in the negotiations and administration of interstate compacts without reimbursement or return under the reclamation laws; rewards for information or evidence <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s371">43 USC 371</ref> and note.</p></sidenote> concerning violations of law involving property under the jurisdiction of the Bureau of Reclamation; performance of the functions specified under the head “Operation and Maintenance Administration”, Bureau of Reclamation, in the Interior Department Appropriation Act, 1945; preparation and dissemination of useful information <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/58/487">58 Stat. 487.</ref></p></sidenote> including recordings, photographs, and photographic prints; and studies of recreational uses of reservoir areas, and investigation and recovery of archeological and paleontological remains in such areas in the same manner as provided for in the Act of August 21, 1935 (16 U.S.C. 461–467) : <proviso><i>Provided</i>, That no part of any appropriation made herein shall be available pursuant to the Act of April 19, 1945 (43 <page identifier="/us/stat/88/788">88 <inline class="smallCaps">Stat.</inline> 788</page> U.S.C. 377), for expenses other than those incurred on behalf of specific reclamation projects except “General Administrative Expenses” and amounts provided for reconnaissance, basin surveys, and general engineering and research under the head “General Investigations”.</proviso></p> <p class="firstIndent1 fontsize10">Sums appropriated herein which are expended in the performance of reimbursable functions of the Bureau of Reclamation shall be returnable to the extent and in the manner provided by law.</p> <p class="firstIndent1 fontsize10">No part of any appropriation for the Bureau of Reclamation, contained in this Act or in any prior Act, which represents amounts earned under the terms of a contract but remaining unpaid, shall be obligated for any other purpose, regardless of when such amounts are to be paid: <proviso><i>Provided</i>, That the incurring of any obligation prohibited by this paragraph shall be deemed a violation of section 3679 of the Revised Statutes, as amended (31 U.S.C. 665).</proviso></p> <p class="firstIndent1 fontsize10">No funds appropriated to the Bureau of Reclamation for operation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s377a">43 USC 377a.</ref></p></sidenote> and maintenance, except those derived from advances by water users, shall be used for the particular benefits of lands (a) within the boundaries of an irrigation district, (b) of any member of a water users’ organization, or (c) of any individual when such district, organization, or individual is in arrears for more than twelve months in the payment of charges due under a contract entered into with the United States pursuant to laws administered by the Bureau of Reclamation.</p> <p class="firstIndent1 fontsize10">Not to exceed $225,000 may be expended from the appropriation “Construction and Rehabilitation” for work by force account on any one project or Pick-Sloan Missouri Basin Program unit and then only when such work is unsuitable for contract or no acceptable bid has been received and, other than otherwise provided in this paragraph or as may be necessary to meet local emergencies, not to exceed 12 per centum of the construction allotment for any project from the appropriation “Construction and Rehabilitation” contained in this Act, shall be available for construction work by force account: <proviso><i>Provided</i>, That this paragraph shall not apply to work performed under the Rehabilitation and Betterment Act of 1949 (63 Stat. 724).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s504">43 USC 504</ref> and note.</p></sidenote></proviso></p></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Alaska Power Administration</heading> <appropriations level="small"><heading>general investigations</heading> <content>For engineering and economic investigations to promote the development and utilization of the water, power, and related resources of Alaska, $540,000, to remain available until expended: <proviso><i>Provided</i>, That $10,000 of this appropriation shall be transferred to the United States Fish and Wildlife Service for studies, investigations, and reports thereon, as required by the Fish and Wildlife Coordination Act of 1958 (72 Stat. 563–565).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s661">16 USC 661</ref> note.</p></sidenote></proviso></content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy, $760,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bonneville Power Administration</heading> <appropriations level="small"><heading>construction</heading> <content>For construction and acquisition of transmission lines, substations, and appurtenant facilities, as authorized by law, $128,000,000, to remain available until expended: <proviso><i>Provided</i>, That the amount appropri-<page identifier="/us/stat/88/789">88 <inline class="smallCaps">Stat.</inline> 789</page>ated for “Construction” in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 279.</p></sidenote> with this appropriation.</proviso></content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of the Bonneville transmission system and of marketing electric power and energy, $38,500,000.</content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content><p class="firstIndent1 fontsize10">Appropriations of the Bonneville Power Administration shall be available to carry out all the duties imposed upon the Administrator pursuant to law. Appropriations made herein to the Bonneville Power Administration shall be available in one fund, except that the appropriation herein made for operation and maintenance shall be available only for the service of the current fiscal year.</p> <p class="firstIndent1 fontsize10">Other than as may be necessary to meet local emergencies, not to exceed 12 per centum of the appropriation for construction herein made for the Bonneville Power Administration shall be available for construction work by force account or on a hired-labor basis.</p></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Southeastern Power Administration</heading> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $946,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Southwestern Power Administration</heading> <appropriations level="small"><heading>construction</heading> <content>For construction and acquisition of transmission lines, substations, and appurtenant facilities, and for administrative expenses connected therewith, in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $620,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>operation and maintenance</heading> <content>For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, including purchase of not to exceed one passenger motor vehicle for replacement only, $5,795,000.</content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions—Department of the Interior</inline></heading> <num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>Appropriations in this title shall be available for expenditure <sidenote><p class="indent0 firstIndent1 fontsize8">Facilities, emergency reconstruction.</p></sidenote> or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: <proviso><i>Provided</i>, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.</proviso></content> </section> <page identifier="/us/stat/88/790">88 <inline class="smallCaps">Stat.</inline> 790</page> <section class="firstIndent1 fontsize10"><num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <content>The Secretary may authorize the expenditure or transfer <sidenote><p class="indent0 firstIndent1 fontsize8">Forest or range fires.</p></sidenote> (within each bureau or office) of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior.</content> </section> <section class="firstIndent1 fontsize10"><num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <content>Appropriations in this title shall be available for operation <sidenote><p class="indent0 firstIndent1 fontsize8">Service facilities.</p></sidenote> of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency, or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials, and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <content>No part of any funds made available by this Act to the <sidenote><p class="indent0 firstIndent1 fontsize8">Southwestern Power Administration.</p></sidenote> Southwestern Power Administration may be made available to any other agency, bureau, or office for any purposes other than for services rendered pursuant to law to the Southwestern Power Administration.</content> </section> <num value="IV">TITLE IV—</num><heading class="inline">INDEPENDENT OFFICES</heading> <appropriations level="intermediate"><heading>Appalachian Regional Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Cochairman and his alternate on the Appalachian Regional Commission and for payment of the Federal share of the administrative expenses of the commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $1,740,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Funds Appropriated to the President</heading> <appropriations level="small"><heading>appalachian regional development programs</heading> <content>For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, except <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s1">40 USC app. 1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s109">40 USC app. 109.</ref></p></sidenote> expenses authorized by section 105 of said Act, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, to remain available until expended, $298,500,000, of which $160,000,000 shall be available for the Appalachian Development Highway System, but no part of any appropriation in this Act shall be available for expenses in connection with commitments for contracts or grants for the Appalachian Development Highway System in excess of the total amount herein and heretofore appropriated.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Delaware River Basin Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the functions of the United States member of the Delaware River Basin Commission, as authorized by law (75 Stat. 716), $77,500.</content> </appropriations> <appropriations level="small"><heading>contribution to delaware river basin commission</heading> <content>For payment of the United States share of the current expenses of the Delaware River Basin Commission, as authorized by law (75 Stat. 706, 707), $238,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/791">88 <inline class="smallCaps">Stat.</inline> 791</page> <appropriations level="intermediate"><heading>Federal Power Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary for the work of the Commission, as authorized by law, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, and not to exceed $1,000 for official reception and representation expenses, $32,100,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Interstate Commission on the Potomac River Basin</heading> <appropriations level="small"><heading>contribution to interstate commission on the potomac river basin</heading> <content>To enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year in the administration of its business in the conservancy district established pursuant to the Act of July 11, 1940 (54 Stat. 748), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t33/s567b">33 USC 567b.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t33/s567b–1">33 USC 567b–1.</ref></p></sidenote> as amended by the Act of September 25, 1970 (Public Law 91–407), $52,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Susquehanna River Basin Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the functions of the United States member of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1541), $77,500.</content> </appropriations> <appropriations level="small"><heading>contribution to susquehanna river basin commission</heading> <content>For payment of the United States share of the current expenses of the Susquehanna River Basin Commission, as authorized by law (84 Stat. 1530, 1531), $150,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Tennessee Valley Authority</heading> <appropriations level="small"><heading>payment to tennessee valley authority fund</heading> <content>For the purpose of carrying out the provisions of the Tennessee Valley Authority Act of 1933, as amended (16 U.S.C., ch. 12A), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s831">16 USC 831.</ref></p></sidenote> including hire, maintenance, and operation of aircraft, and hire of passenger motor vehicles, $77,400,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation and other funds available to the Tennessee Valley Authority shall be available for the purchase of not to exceed one aircraft for replacement only, and the purchase of not to exceed two hundred and twenty-four passenger motor vehicles for replacement only.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Water Resources Council</heading> <appropriations level="small"><heading>water resources planning</heading> <content>For expenses necessary in carrying out the provisions of the Water Resources Planning Act of 1965 (42 U.S.C. 1962–1962d–3), including services as authorized by 5 U.S.C. 3109, but at rates not to exceed $100 per diem for individuals (42 U.S.C. 1962a–4(5)), and hire of passenger motor vehicles (42 U.S.C. 1962a–4(6)), $9,775,000, to remain available until expended, including $1,242,000, for carrying out the <page identifier="/us/stat/88/792">88 <inline class="smallCaps">Stat.</inline> 792</page> provisions of title I and administering the provisions of titles II, III, and IV of the Act (42 U.S.C. 1962d(b)), $2,183,000, for preparation of assessments and management of plans (42 U.S.C. 1962d(c), $1,350,000, for expenses of river basin commissions under title II of the Act (42 U.S.C. 1962d(a)), and $5,000,000 for grants to States under title III of the Act (42 U.S.C. 1962c(a)): <proviso><i>Provided</i>, That the share of the expenses of any river basin commission borne by the Federal Government pursuant to title II of the Act shall not exceed $250,000 annually for recurring operating expenses, including the salary and expenses of the chairman.</proviso></content> </appropriations> </appropriations> <num value="V">TITLE V—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="501"><inline class="smallCaps">Sec.</inline> 501.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Fiscal year limitation.</p></sidenote> remain available for obligation beyond the current fiscal year unless expressly so provided herein.</content> </section> <section class="firstIndent1 fontsize10"><num value="502"><inline class="smallCaps">Sec.</inline> 502.</num> <content><p class="firstIndent1 fontsize10">No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Space and service charges.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</p><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote> <p class="firstIndent1 fontsize10">This Act may be cited as the “<shortTitle role="act">Public Works for Water and Power <sidenote><p class="indent0 firstIndent1 fontsize8">Short title.</p></sidenote> Development and Atomic Energy Commission Appropriation Act, 1975</shortTitle>”.</p></content> </section>
Approved August 28, 1974.
Public Law 93–394: To amend chapter 5, title 37, United States Code, to provide for continuation pay for physicians of the uniformed services in initial residency. Public Law 394 Public Law 93–394 1974-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–394
AN ACT To amend chapter 5, title 37, United States Code, to provide for continuation pay for physicians of the uniformed services in initial residency.

August 29, 1974

[H. R. 15936]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the portion of

Uniformed services.

Continuation pay for physicians.

 the first sentence of section 311(a), chapter 5 of title 37, United States Code, preceding clause (1), is amended to read as follows: “(a) Under regulations to be prescribed by the Secretary of Defense or by the Secretary of Health, Education, and Welfare, as appropriate, an officer of the Army or Navy in the Medical Corps above the pay grade of O–6 or such an officer who is below that pay grade who is undergoing initial residency training and who was on active duty on June 1, 1974, an officer of the Air Force who is designated as a medical officer and is above the pay grade of O–6 or such an officer who is below that pay grade who is undergoing initial residency training and who was on active duty on June 1, 1974, a medical officer of the Public Health Service above the pay grade of O–6 or such an officer who is below that pay grade who is undergoing initial residency training and who was on active duty on June 1, 1974, an officer of the Army or Navy in the Dental Corps, an officer of the Air Force who is designated as a dental officer, or a dental officer of the Public Health Service who—”.
Sec. 2. The amendment made by the Act shall be effective June 1,

Effective date.

37 USC 311 note.

 1974.
Approved August 29, 1974.
Public Law 93–395: To amend section 204(g) of the District of Columbia Self-Government and Governmental Reorganization Act, and for other purposes. Public Law 395 Public Law 93–395 88 Stat. 793 1974-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 793 Public Law 93–395
AN ACT To amend section 204(g) of the District of Columbia Self-Government and Governmental Reorganization Act, and for other purposes.

August 29, 1974

[H.R. 15791]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the District of

District of Columbia Self-Government and Governmental Reorganization Act, amendments.

D.C. Code 1–121 note.

Repeal.

D.C. Code 36–701 note.

D.C. Code 1–141.

 Columbia Self-Government and Governmental Reorganization Act (84 Stat. 774) is amended as follows: (1) The second sentence of subsection (g) of section 204 of that Act is repealed. (2) Subsection (b) of section 401 of that Act is amended by (A) redesignating paragraph (3) as paragraph (4); and (B) inserting immediately after paragraph (2) the following: “(3) To fill a vacancy in the Office of Chairman, the Board of Elections shall hold a special election in the District on the first Tuesday occurring more than one hundred and fourteen days after the date on which such vacancy occurs, unless the Board of Elections determines that such vacancy could be more practically filled in a special election held on the same day as the next general election to be held in the District occurring within sixty days of the date on which a special election would otherwise have been held under the provisions of this paragraph. The person elected Chairman to fill a vacancy in the Office of Chairman shall take office on the day in which the Board of Elections certifies his election, and shall serve as Chairman only for the remainder of the term during which such vacancy occurred. When the Office of Chairman becomes vacant, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election of a new Chairman.” (3) The first sentence of section 441 of that Act is amended to read

Fiscal year.

D.C. Code 47–101.

 as follows: “The fiscal year of the District shall, beginning on October 1, 1976, commence on the first day of October of each year and shall end on the thirtieth day of September of the succeeding calendar year.” (4) Paragraph (1) of section 462 of that Act is amended to read as

D.C. Code 47–242.

 follows: “(1) briefly describing each project to be financed by the act;”. (5) The first sentence of section 465 of that Act is amended to

D.C. Code 47–245.

 read as follows: “At the end of the twenty-day period specified in section 464, the Mayor may issue general obligation bonds as authorized

D.C. Code 47–244.

 pursuant to the provisions of sections 461 through 465.” (6) The second sentence of section 466 is amended by striking out

D.C. Code 47–241.

D.C. Code 47–246.

 “Council” and inserting in lieu thereof “Mayor”. (7) Section 502 of that Act is amended to read as follows:

D.C. Code 47–2501d.
“authorization of appropriations “Sec. 502. Notwithstanding any other provision of law, there is authorized to be appropriated as the annual Federal payment to the District of Columbia for the fiscal year ending June 30, 1975, the sum of $230,000,000; for the fiscal year ending June 30, 1976, the sum of $254,000,000; for the fiscal year ending September 30, 1977, the sum of $280,000,000; for the fiscal year ending September 30, 1978, and for each fiscal year thereafter, the sum of $300,000,000. For the period July 1, 1976, through September 30, 1976, there is authorized to be appropriated a Federal payment of $70,000,000.”
 (8) Section 771 of that Act is amended to read as follows:

D.C. Code 1–121 note.

88 Stat. 794
“effective dates “Sec. 771. (a) Titles I and V, and parts A and G, and section 722 of title VII shall take effect on the date of enactment of this Act.

D.C. Code 1–121 note.

 “(b) Sections 712, 713, 714, and 715 of title VII, and section 401(b) of title IV, and title II shall take effect July 1, 1974, except that any provision thereof which in effect transfers authority to appoint any citizen member of the National Capital Planning Commission or the District of Columbia Redevelopment Land Agency shall take effect January 2, 1975. “(c) Titles III and IV, except section 401(b) of title IV, shall take effect January 2, 1975, if title IV is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum. “(d) Title VI and parts D and F and sections 711, 716, 717, 718, 719, 721, and 723 of title VII shall take effect only if and upon the date that title IV becomes effective. “(e) Part E of title VII shall take effect on the date on which title IV is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum.”
Sec. 2. In addition to other authority delegated to it, and in accordance

Condominium moratorium.

D.C. Code 5–928a.

5 USC app.

D.C. Code 1 app.

 with section 406 of Reorganization Plan Numbered 2 of 1967, the District of Columbia Council is authorized, by regulation, to prohibit the establishment, after the effective date of such regulation, of any horizontal property regime, real estate condominiums project, or other conversion of units in a multiunit structure into a condominium pursuant to the Horizontal Property Act of the District of Columbia (D.C. Code, sec. 5–901 et seq.).
Sec. 3. (a) The first sentence of subsection (e) of section 10 of the

D.C. Code 1–1110.

 District of Columbia Election Act (D.C. Code, sec. 1–1110) is amended by striking out “for members of the Board of Education”. (b) The Board of Elections shall prescribe regulations as it considers

Regulations.

D.C. Code 1–1110 note.

 necessary in order to carry out the purposes of the amendment made by subsection (a), including establishing the filing date for nomination petitions for any elections to be held during November 1974.
Approved August 29, 1974.
Public Law 93–396: To increase the amount authorized to be expended to provide facilities along the border for the enforcement of the customs and immigration laws. Public Law 396 Public Law 93–396 1974-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–396
AN ACT To increase the amount authorized to be expended to provide facilities along the border for the enforcement of the customs and immigration laws.

August 29, 1974

[H. R. 10044]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Act

Customs and immigration.

Facilities funds, increase.

 entitled “An Act to provide better facilities for the enforcement of the customs and immigration laws”, approved June 26, 1930, as amended (19 U.S.C. 68), is further amended by striking out “$100,000” and inserting in lieu thereof “$200,000”.
Approved August 29, 1974.
Public Law 93–397: To amend section 8202(a) of title 10, United States Code, to extend for two years the period during which the authorized number for the grades of lieutenant colonel and colonel in the Air Force are increased. Public Law 397 Public Law 93–397 88 Stat. 795 1974-08-29 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 795 Public Law 93–397
AN ACT To amend section 8202(a) of title 10, United States Code, to extend for two years the period during which the authorized number for the grades of lieutenant colonel and colonel in the Air Force are increased.

August 29, 1974

[H. R. 14402]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That beginning

Armed Forces.

Air Force officers, increases.

10 USC 8202 note.

 with October 1, 1974, through September 30, 1976, the columns under the headings “For colonels” and “For lieutenant colonels” contained in the table in section 8202(a) of title 10, United States Code, are suspended. for such period such columns shall read as follows:
“For colonels For lieutenant colonels
3,395 6,370
3,743 7,552
4,091 8,733
4,440 9,914
4,788 1,095
5,136 12,276
5,484 13,452
5,833 14,638
6,181 15,819
6,528 17,001
6,876 18,162
7,226 19,363
7,573 20,544
7,921 21,726”.
Approved August 29, 1974.
Public Law 93–398: To provide for the reappointment of Doctor William A. M. Burden as citizen regent of the Board of Regents of the Smithsonian Institution. Public Law 398 Public Law 93–398 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–398
JOINT RESOLUTION To provide for the reappointment of Doctor William A. M. Burden as citizen regent of the Board of Regents of the Smithsonian Institution.

August 30, 1974

[S. J. Res. 220]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor William A. M. Burden, of New York, New York, on July 2, 1974, be filled by the reappointment of the present incumbent for the statutory term of six years.
Approved August 30, 1974.
Public Law 93–399: To provide for the reappointment of Doctor Caryl P. Haskins as citizen regent of the Board of Regents of the Smithsonian Institution. Public Law 399 Public Law 93–399 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–399
JOINT RESOLUTION To provide for the reappointment of Doctor Caryl P. Haskins as citizen regent of the Board of Regents of the Smithsonian Institution.

August 30, 1974

[S. J. Res. 221]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor Caryl P. Haskins of Washington, District of Columbia, on May 30, 1974, be filled by the reappointment of the present incumbent for the statutory term of six years.
Approved August 30, 1974.
Public Law 93–400: To establish an Office of Federal Procurement Policy within the Office of Management and Budget, and for other purposes. Public Law 400 Public Law 93–400 88 Stat. 796 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 796 Public Law 93–400
AN ACT To establish an Office of Federal Procurement Policy within the Office of Management and Budget, and for other purposes.

August 30, 1974

[S. 2510]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Office of Federal Procurement Policy Act.

41 USC 401 note.

 be cited as the “Office of Federal Procurement Policy Act”.
declaration of policy Sec. 2. It is declared to be the policy of Congress to promote economy,

41 USC 401.

 efficiency, and effectiveness in the procurement of property and services by and for the executive branch of the Federal Government by— (1) establishing policies, procedures, and practices which will require the Government to acquire property and services of the requisite quality and within the time needed at the lowest reasonable cost, utilizing competitive procurement methods to the maximum extent practicable; (2) improving the quality, efficiency, economy, and performance of Government procurement organizations and personnel; (3) avoiding or eliminating unnecessary overlapping or duplication of procurement and related activities; (4) avoiding or eliminating unnecessary or redundant requirements placed on contractor and Federal procurement officials; (5) identifying gaps, omissions, or inconsistencies in procurement laws, regulations, and directives and in other laws, regulations, and directives, relating to or affecting procurement; (6) achieving greater uniformity and simplicity, whenever appropriate, in procurement procedures; (7) coordinating procurement policies and programs of the several departments and agencies; (8) minimizing possible disruptive effects of Government procurement on particular industries, areas, or occupations; (9) improving understanding of Government procurement laws and policies within the Government and by organizations and individuals doing business with the Government; (10) promoting fair dealing and equitable relationships among the parties in Government contracting; and (11) otherwise promoting economy, efficiency, and effectiveness in Government procurement organizations and operations.
findings and purpose Sec. 3. (a) The Congress finds that economy, efficiency, and effectiveness

41 USC 402.

 in the procurement of property and services by the executive agencies will be improved by establishing an office to exercise responsibility for procurement policies, regulations, procedures, and forms. (b) The purpose of this Act is to establish an Office of Federal Procurement Policy in the Office of Management and Budget to provide overall direction of procurement policies, regulations, procedures, and forms for executive agencies in accordance with applicable laws.
88 Stat. 797
definition Sec. 4. As used in this Act, the term “executive agency” means an

41 USC 403.

 executive department, a military department, and an independent establishment within the meaning of sections 101, 102, and 104(1), respectively, of title 5, United States Code, and also a wholly owned Government corporation within the meaning of section 101 of the Government Corporation Control Act (31 U.S.C. 846).
office of federal procurement policy Sec. 5. (a) There is established in the Office of Management and

Establishment.

41 USC 404.

 Budget an office to be known as the Office of Federal Procurement Policy (hereinafter referred to as the “Office”). (b) There shall be at the head of the Office an Administrator for Federal Procurement Policy (hereinafter referred to as the “Administrator”), who shall be appointed by the President, by and with the advice and consent of the Senate.
authority and functions Sec. 6. (a) The Administrator shall provide overall direction of

41 USC 405.

 procurement policy. To the extent he considers appropriate and with due regard to the program activities of the executive agencies, he shall prescribe policies, regulations, procedures, and forms, which shall be in accordance with applicable laws and shall be followed by executive agencies (1) in the procurement of— (A) property other than real property in being; (B) services, including research and development; and (C) construction, alteration, repair, or maintenance of real property; and (2) in providing for procurement by recipients of Federal grants or assistance of items specified in clauses (A), (B), and (C) of this subsection, to the extent required for performance of Federal grant or assistance programs. (b) Nothing in subsection (a)(2) shall be construed— (1) to permit the Administrator to authorize procurement or supply support, either directly or indirectly, to recipients of Federal grants or assistance; or (2) to authorize any action by recipients contrary to State and local laws, in the case of programs to provide Federal grants or assistance to States and political subdivisions. (c) The authority of the Administrator under this Act shall apply only to procurement payable from appropriated funds: Provided, That the Administrator undertake a study of procurement payable

Procurement study.

Report to President of the Senate and Speaker of the House.

 from nonappropriated funds. The results of the study, together with recommendations for administrative or statutory changes, shall be reported to the President of the Senate and the Speaker of the House of Representatives at the earliest practicable date, but in no event later than two years after the date of enactment of this Act. (d) The functions of the Administrator shall include— (1) establishing a system of coordinated, and to the extent feasible, uniform procurement regulations for the executive agencies; (2) establishing criteria and procedures for an effective and timely method of soliciting the viewpoints of interested parties in the development of procurement policies, regulations, procedures, and forms; 88 Stat. 798 (3) monitoring and revising policies, regulations, procedures, and forms relating to reliance by the Federal Government on the private sector to provide needed property and services; (4) promoting and conducting research in procurement policies, regulations, procedures, and forms; (5) establishing a system for collecting, developing, and disseminating procurement data which takes into account the needs of the Congress, the executive branch, and the private sector; (6) recommending and promoting programs of the Civil Service Commission and executive agencies for recruitment, training, career development, and performance evaluation of procurement personnel. (e) In the development of policies, regulations, procedures, and

Consultation with executive agencies and SBA.

 forms to be authorized or prescribed by him, the Administrator shall consult with the executive agencies affected, including the Small Business Administration and other executive agencies promulgating policies, regulations, procedures, and forms affecting procurement. To the extent feasible, the Administrator may designate an executive agency or agencies, establish interagency committees, or otherwise use agency representatives or personnel, to solicit the views and the agreement, so far as possible, of executive agencies affected on significant changes in policies, regulations, procedures, and forms. (f) The authority of the Administrator under this Act shall not be construed to— (1) impair or interfere with the determination by executive agencies of their need for, or their use of, specific property, services, or construction, including particular specifications therefor; or (2) interfere with the determination by executive agencies of specific actions in the award or administration of procurement contracts. (g) Except as otherwise provided by law, no duties, functions, or

Restriction.

 responsibilities, other than those expressly assigned by this Act, shall be assigned, delegated, or transferred to the Administrator.
administrative powers Sec. 7. Upon the request of the Administrator, each executive agency

41 USC 406.

 is directed to— (1) make its services, personnel, and facilities available to the Office to the greatest practicable extent for the performance of functions under this Act; and (2) except when prohibited by law, furnish to the Administrator and give him access to all information and records in its possession which the Administrator may determine to be necessary for the performance of the functions of the Office.
responsiveness to congress Sec. 8. (a) The Administrator shall keep the Congress and its duly

41 USC 407.

Report to President of the Senate and Speaker of the House.

 authorized committees fully and currently informed of the major activities of the Office of Federal Procurement Policy, and shall submit a report thereon to the President of the Senate and the Speaker of the House of Representatives annually and at such other times as may be necessary for this purpose, together with appropriate legislative recommendations. (b) At least 30 days prior to the effective date of any major policy

Report to congressional committees.

 or regulation prescribed under section 6(a), the Administrator shall 88 Stat. 799 transmit to the Committees on Government Operations of the House of Representatives and of the Senate a detailed report on the proposed policy or regulation. Such report shall include— (1) a full description of the policy or regulation; (2) a summary of the reasons for the issuance of such policy or regulation; and (3) the names and positions of employees of the Office who will be made available, prior to such effective date, for full consultation with such Committees regarding such policy or regulation. (c) In the case of an emergency, the President may waive the notice

Notice requirement waiver, submittal to Congress.

 requirement of subsection (b) by submitting in writing to the Congress his reasons therefor at the earliest practicable date on or before the effective date of any major policy or regulation.
effect on existing laws Sec. 9. The authority of an executive agency under any other law to

41 USC 408.

 prescribe policies, regulations, procedures, and forms for procurement is subject to the authority conferred in section 6 of this Act.
effect on existing regulations Sec. 10. Procurement policies, regulations, procedures, or forms in

41 USC 409.

 effect as of the date of enactment of this Act shall continue in effect, as modified from time to time, until repealed, amended, or superseded by policies, regulations, procedures, or forms promulgated by the Administrator.
authorization of appropriations Sec. 11. There are authorized to be appropriated to carry out the

41 USC 410.

 provisions of this Act, and for no other purpose— (1) not to exceed $2,000,000 for the fiscal year ending June 30, 1975, of which not to exceed $150,000 shall be available for the purpose of research in accordance with section 6(d)(4); and (2) such sums as may be necessary for each of the four fiscal years thereafter. Any subsequent legislation to authorize appropriations to carry out the purposes of this Act shall be referred in the Senate to the Committee on Government Operations.
delegation Sec. 12. (a) The Administrator may delegate, and authorize successive

41 USC 411.

 redelegations of, any authority, function, or power under this Act, other than his basic authority to provide overall direction of Federal procurement policy and to prescribe policies and regulations to carry out that policy, to any other executive agency with the consent of such agency or at the direction of the President. (b) The Administrator may make and authorize such delegations within the Office as he determines to be necessary to carry out the provisions of this Act.
annual pay Sec. 13. Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: “(100) Administrator for Federal Procurement Policy.”.
88 Stat. 800
access to information Sec. 14. (a) The Administrator and personnel in his Office shall

41 USC 412.

 furnish such information as the Comptroller General may require for the discharge of his responsibilities. For this purpose, the Comptroller General or his representatives shall have access to all books, documents, papers, and records of the Office. (b) The Administrator shall, by regulation, require that formal

Open public meetings, notice.

 meetings of the Office, as designated by him, for the purpose of establishing procurement policies and regulations shall be open to the public, and that public notice of each such meeting shall be given not less than ten days prior thereto.
repeals and amendments Sec. 15. The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) is amended as follows: (1) Section 201(a)(1) of such Act (40 U.S.C. 481(a)(1)) is amended by inserting “subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act,” immediately after “(1)”. (2) Section 201(c) of such Act (40 U.S.C. 481(c)) is amended by inserting “subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act,” immediately after “Administrator,”. (3) Section 206(a)(4) of such Act (40 U.S.C. 487(a)(4)) is amended to read as follows: “(4) subject to regulations promulgated by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act, to prescribe standardized forms and procedures, except such as the Comptroller General is authorized by law to prescribe, and standard purchase specifications.”. (4) Section 602(c) of such Act (40 U.S.C. 474) is amended in the first sentence thereof by inserting “except as provided by the Office of Federal Procurement Policy Act, and” immediately after “herewith,”.
Approved August 30, 1974.
Public Law 93–401: To provide for the appointment of Doctor Murray Gell-Mann as citizen regent of the Board of Regents of the Smithsonian Institution Public Law 401 Public Law 93–401 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–401
JOINT RESOLUTION To provide for the appointment of Doctor Murray Gell-Mann as citizen regent of the Board of Regents of the Smithsonian Institution

August 30, 1974

[S. J. Res. 222]

 Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the vacancy in the

Smithsonian Institution.

 Board of Regents of the Smithsonian Institution, of the class other than Members of Congress, which will occur by the expiration of the term of Doctor Crawford H. Greenewalt of Wilmington, Delaware, on May 30, 1974, be filled by the appointment of Doctor Murray Gell-Mann of California for the statutory term of six years.
Approved August 30, 1974.
Public Law 93–402: To establish the Great Dismal Swamp National Wildlife Refuge. Public Law 402 Public Law 93–402 88 Stat. 801 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 801 Public Law 93–402
AN ACT To establish the Great Dismal Swamp National Wildlife Refuge.

August 30, 1974

[H.R. 3620]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That (a) there is

Great Dismal Swamp National Wildlife Refuge, Va.-N.C.

16 USC 668dd note.

Description.

 established a national wildlife refuge to be known as the “Great Dismal Swamp National Wildlife Refuge” (hereinafter referred to in this Act as the “Refuge”). The Refuge shall consist of— (1) those lands and waters, comprising forty-nine thousand ninety-seven and eleven one-thousandths acres, of which a 40 per centum undivided interest therein was granted to the United States of America by The Nature Conservancy by deed dated February 22, 1973, and which are more particularly described in exhibit A of the deed, dated February 21, 1973, by which such interest in such lands and waters was granted to The Nature Conservancy by the Union Camp Corporation (and such deeds shall be on file and available for public inspection in the office of the Bureau of Sport Fisheries and Wildlife, Department of the Interior); and (2) such additional lands and waters and interests therein as the Secretary of the Interior (hereinafter referred to in this Act as the “Secretary”) may acquire after the date of the enactment of this Act pursuant to section 3 of this Act. (b) Until such time as the remaining undivided interest in the lands and waters described in subsection (a)(1) of this section is granted to the Secretary, he shall lease such remaining interest on such terms and conditions as he deems appropriate.
Sec. 2. Subject to such restrictions, conditions, and reservations as

Administration.

16 USC 668dd note.

 are specified in the deeds referred to in the first section of this Act, the Secretary shall administer the lands and waters and interests therein within the Refuge in accordance with the provisions of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd–668ee), except that the Secretary may utilize such additional statutory authority as may be available to him for the conservation and management of wildlife and natural resources, the development of outdoor recreation opportunities, and interpretative education as he deems appropriate to carry out the purposes of this Act. In the administration of the Refuge, the Secretary and the Chief of Engineers, Corps of Engineers, shall enter into such consultations and take such cooperative actions as they deem necessary and appropriate to insure that any navigational or other uses made of the Dismal Swamp Canal do not adversely affect the Refuge and, in this regard, particular attention shall be given by the Secretary and the Chief of Engineers with respect to maintaining an appropriate water level in Lake Drummond.
Sec. 3. The Secretary may acquire by donation, purchase with

Lands, waters, acquisition.

16 USC 668dd note.

 donated or appropriated funds, or exchange, such lands and waters and interests therein (including in-holdings) that are adjacent to the 88 Stat. 802 lands and waters described in subsection (a)(1) of the first section of this Act and are within the area known as the Great Dismal Swamp located in the States of Virginia and North Carolina as he determines to be suitable to carry out the purposes of this Act; except that the Secretary may not acquire any such lands and waters and interests therein by purchase or exchange without first taking into account such recommendations as may result from the study required under Public Law 92–478, approved October 9, 1972 (86 Stat. 793–794).
Sec. 4. (a) Except as provided in subsection (b) of this section,

Appropriation, limitations.

16 USC 668dd note.

 there is authorized to be appropriated for the fiscal year ending June 30, 1975, not to exceed $1,000,000; for the fiscal year ending June 30, 1976, not to exceed $3,000,000; and for the fiscal year ending June 30, 1977, not to exceed $3,000,000. (b) In no event shall the amount authorized to be appropriated exceed the cost estimates of the report to be submitted to the Congress by the Secretary pursuant to Public Law 92–478.

86 Stat. 793.
Approved August 30, 1974.
Public Law 93–403: To amend the Natural Gas Pipeline Safety Act of 1968, as amended, to authorize additional appropriations, and for other purposes. Public Law 403 Public Law 93–403 1974-08-30 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–403
AN ACT To amend the Natural Gas Pipeline Safety Act of 1968, as amended, to authorize additional appropriations, and for other purposes.

August 30, 1974

[H. R. 15205]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That this Act may

Natural Gas Pipeline Safety Act Amendments of 1974.

 be cited as the “Natural Gas Pipeline Safety Act Amendments of 1974”.
Sec. 2. Section 5(c) of the Natural Gas Pipeline Safety Act of 1968

49 USC 1674 note.

 (49 U.S.C. 1674(c)) is amended by renumbering paragraphs (2) and (3) as paragraphs (3) and (4), respectively, and by inserting immediately after paragraph (1) the following new paragraph: “(2) Funds authorized to be appropriated by section 15(b) of this

Infra.

 Act shall be allocated among the several States for payments to aid in the conduct of pipeline safety programs in accordance with paragraph (1) of this section.”.
Sec. 3. Section 15 of such Act (49 U.S.C. 1684) is amended to read as follows:
“appropriations authorized “Sec. 15. (a) There are authorized to be appropriated $2,000,000 for the fiscal year ending June 30, 1975, and $2,850,000 for the fiscal year ending June 30, 1976, for the purpose of carrying out the provisions of this Act, except that the funds appropriated pursuant to this subsection shall not be used for Federal grants-in-aid. “(b) For the purpose of carrying out the provisions of section 5(c)

Supra.

 of this Act, there are authorized to be appropriated for Federal grants-in-aid, $1,800,000 for the fiscal year ending June 30, 1975, and $2,500,000 for the fiscal year ending June 30, 1976.”.
Approved August 30, 1974.
Public Law 93–404: Making appropriations for the Department of the Interior and related agencies for the fiscal year ending June 30, 1975, and for other purposes. Public Law 404 Public Law 93–404 88 Stat. 803 1974-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 803 Public Law 93–404
AN ACT Making appropriations for the Department of the Interior and related agencies for the fiscal year ending June 30, 1975, and for other purposes.

August 31, 1974

[H.R. 16027]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

Department of the Interior and Related Agencies Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of the Interior and related agencies for the fiscal year ending June 30, 1975, and for other purposes, namely: <num value="I">TITLE I—</num><heading class="inline">DEPARTMENT OF THE INTERIOR</heading> <appropriations level="major"><heading>LAND AND WATER RESOURCES</heading> <appropriations level="intermediate"><heading>Bureau of Land Management</heading> <appropriations level="small"><heading>management of lands and resources</heading> <content>For expenses necessary for protection, use, improvement, development, disposal, cadastral surveying, classification, and performance of other functions, as authorized by law, in the management of lands and their resources under the jurisdiction of the Bureau of Land Management, $141,096,000.</content> </appropriations> <appropriations level="small"><heading>construction and maintenance</heading> <content>For acquisition, construction and maintenance of buildings, appurtenant facilities, and other improvements, and maintenance of access roads, $6,725,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>public lands development roads and trails (liquidation of contract authority)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $4,070,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>oregon and california grant lands</heading> <content>For expenses necessary for management, protection, and development of resources and for construction, operation, and maintenance of access roads, reforestation, and other improvements on the revested Oregon and California Railroad grant lands, on other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of rights-of-way and of existing connecting roads on or adjacent to such lands; an amount equivalent to 25 per centum of the aggregate of all receipts during the current fiscal year from the revested Oregon and California Railroad grant lands, to remain available until expended: <proviso><i>Provided</i>, That the amount appropriated herein for the purposes of this appropriation on lands administered by the Forest Service shall be transferred to the Forest Service, Department of Agriculture:</proviso> <proviso><i>Provided further</i>, That the amount appropriated herein for road construction on lands other than those administered by the Forest Service shall be transferred to the Federal Highway Administration, Department of Transportation:</proviso> <proviso><i>Provided further</i>, That the amount appropriated herein is hereby made a reimbursable charge against the Oregon and California land grant <page identifier="/us/stat/88/804">88 <inline class="smallCaps">Stat.</inline> 804</page> fund and shall be reimbursed to the general fund in the Treasury in accordance with the provisions of the second paragraph of subsection (b) of title II of the Act of August 28, 1937 (50 Stat. 876).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1181f">43 USC 1181f.</ref></p></sidenote></proviso></content> </appropriations> <appropriations level="small"><heading>range improvements</heading> <content>For construction, purchase, and maintenance of range improvements pursuant to the provisions of section 3 and 10 of the Act of June 28, 1934, as amended (43 U.S.C. 315), sums equal to the aggregate of all <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s315b/s315i">43 USC 315b, 315i.</ref></p></sidenote> moneys received, during the current fiscal year, as range improvements fees under section 3 of said Act, 25 per centum of all moneys received, during the current fiscal year, under section 15 of said Act, and the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s315m">43 USC 315m.</ref></p></sidenote> amount designated for range improvements from grazing fees from Bankhead-Jones lands transferred to the Department of the Interior pursuant to law, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>recreation development and operation of recreation facilities</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $242,000, to be derived from the special receipt accounts established by section 1 (b) of the Act of July 15, 1968 (82 Stat. 354), and section 4 (e) of the Act of July 11, 1972 (86 Stat. <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–5">16 USC 460<i>l</i>–5</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–6a">16 USC 460<i>l</i>–6a.</ref></p></sidenote> 461): <proviso><i>Provided</i>, That not more than 40 per centum of the amount credited pursuant to section 4 (e) of the Act of July 11, 1972, shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the Bureau of Land Management shall be available for acquisition of two new aircraft for replacement only; purchase, erection, and dismantlement of temporary structures; and alteration and maintenance of necessary buildings and appurtenant facilities to which the United States has title: <proviso><i>Provided</i>, That of appropriations herein made for the Bureau of Land Management expenditures in connection with the revested Oregon and California Railroad and reconveyed Coos Bay Wagon Road grant lands (other than expenditures made under the appropriation “Oregon and California grant lands”) shall be reimbursed to the general fund of the Treasury from the 25 per centum referred to in subsection (c), title II, of the Act approved August 28, 1937 (50 Stat. 876), of the special fund designated the “Oregon and California land grant fund”and section 4 of the Act approved May 24, 1939 (53 Stat. 754), of the special fund designated the “Coos Bay Wagon Road grant fund”:</proviso> <proviso><i>Provided further</i>, That appropriations herein made may be expended on a reimbursable basis for (1) surveys of lands other than those under the jurisdiction of the Bureau of Land Management and (2) protection and leasing of lands and mineral resources for the State of Alaska.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of Water Resources Research</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary in carrying out the provisions of the Water Resources Research Act of 1964, as amended (42 U.S.C. 1961 –1961c–7), $13,885,000, of which not to exceed $1,045,000 shall be available for administrative expenses.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/805">88 <inline class="smallCaps">Stat.</inline> 805</page> <appropriations level="intermediate"><heading>Office of Saline Water</heading> <appropriations level="small"><heading>saline water conversion</heading> <content>For expenses necessary to carry out the provisions of the Saline Water Conversion Act of 1971 (42 U.S.C. 1959–1959h, as amended), including not to exceed $1,043,000 for administration and coordination expenses during the current fiscal year, $3,007,000, to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>FISH AND WILDLIFE AND PARKS</heading> <appropriations level="intermediate"><heading>Bureau of Outdoor Recreation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Bureau of Outdoor Recreation, not otherwise provided for, $5,210,000.</content> </appropriations> <appropriations level="small"><heading>land and water conservation fund</heading> <content>For expenses necessary to carry out the provisions of the Land and Water Conservation Fund Act of 1965 as amended (16 U.S.C. 4601–4–11 as supplemented by Public Law 93–81), including $6,400,000 for administrative expenses of the Bureau of Outdoor Recreation during the current fiscal year, and acquisition of land or waters, or interest therein, in accordance with the statutory authority applicable to the State or Federal agency concerned, to be derived from the Land and Water Conservation Fund, established by section 2 of said Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–5">16 USC 460<i>l</i>–5.</ref></p></sidenote> as amended, to remain available until expended, not to exceed $300,000,000, of which (1) not to exceed $180,000,000 shall be available for payments to the States in accordance with section 6(c) of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–8">16 USC 460<i>l</i>–8.</ref></p></sidenote> said Act; (2) not to exceed $72,700,000 shall be available to the National Park Service; (3) not to exceed $30,900,000 shall be available to the Forest Service; (4) not to exceed $9,500,000 shall be available to the United States Fish and Wildlife Service; and (5) not to exceed $500,000 shall be available to the Bureau of Land Management.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>United States Fish and Wildlife Service</heading> <appropriations level="small"><heading>resource management</heading> <content>For expenses necessary for scientific and economic studies, conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, except whales, seals, and sea lions, and for the performance of other authorized functions related to such resources; and maintenance of the herd of long-horned cattle on the Wichita Mountains Wildlife Refuge, $101,126,000.</content> </appropriations> <appropriations level="small"><heading>construction and anadromous fish</heading> <content>For construction and acquisition of buildings and other facilities required in the conservation, management, investigations, protection, and utilization of sport fishery and wildlife resources, and the acquisition of lands and interests therein; and for expenses necessary to carry out the Anadromous Fish Conservation Act (16 U.S.C. 757a–757f); $14,047,000, to remain available until expended.</content> </appropriations> <page identifier="/us/stat/88/806">88 <inline class="smallCaps">Stat.</inline> 806</page> <appropriations level="small"><heading>migratory bird conservation account</heading> <content>For an advance to the migratory bird conservation account, as authorized by the Act of October 4, 1971, as amended (16 U.S.C. 715k–3, 5; 81 Stat. 612), $1,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations and funds available to the United States Fish and Wildlife Service shall be available for purchase of not to exceed one hundred and sixty-six passenger motor vehicles, of which one hundred and sixteen are for replacement only (including sixty for police-type use); purchase of not to exceed three aircraft, for replacement only; not to exceed $50,000 for payment, in the discretion of the Secretary, for information or evidence concerning violations of laws administered by the United States Fish and Wildlife Service; miscellaneous and emergency expenses of enforcement activities, authorized or approved by the Secretary and to be accounted for solely on his certificate, not to exceed $40,000; publication and distribution of bulletins as authorized by law (7 U.S.C. 417); rations or commutation of rations for officers and crews of vessels at rates not to exceed $6.50 per man per day; insurance on official motor vehicles, aircraft and boats operated by the United States Fish and Wildlife Service in foreign countries; repair of damage to public roads within and adjacent to reservation areas caused by operations of the United States Fish and Wildlife Service; options for the purchase of land at not to exceed $1 for each option; facilities incident to such public recreational uses on conservation areas as are not inconsistent with their primary purpose, and the maintenance and improvement of aquaria, buildings and other facilities under the jurisdiction of the United States Fish and Wildlife Service and to which the United States has title, and which are utilized pursuant to law in connection with management and investigation of fish and wildlife resources.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Park Service</heading> <appropriations level="small"><heading>operation of the national park system</heading> <content>For expenses necessary for the management, operation, and maintenance of areas and facilities administered by the National Park Service (including special road maintenance service to trucking permittees on a reimbursable basis), $209,325,000.</content> </appropriations> <appropriations level="small"><heading>planning and construction</heading> <content>For construction, improvements, repair or replacement of physical facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451); the acquisition of water rights; expenses necessary for investigations and studies to determine suitability of areas to be included in the National Park System, the designation of wilderness areas, and the management of water resources; the preparation of plans for existing and proposed park and recreation areas; provisions of technical assistance to other Federal agencies, and to States and private institutions in the planning, development, and operation of landmarks, parks and recreation areas; and for financial or other assistance in planning, development, or operation of areas as authorized by law or pursuant to agreements with other Federal agencies, States, or private institutions, including not to exceed $196,300 for the Roose-<page identifier="/us/stat/88/807">88 <inline class="smallCaps">Stat.</inline> 807</page>velt Campobello International Park Commission, $58,112,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>road construction (liquidation of contract authority)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $26,026,000, to remain available until expended: <proviso><i>Provided</i>, That none of the funds herein provided shall be expended for planning or construction on the following: Fort Washington and Greenbelt Park, Maryland, and Great Falls Park, Virginia, except minor roads and trails; and Daingerfield Island Marina, Virginia, and extension of the George Washington Memorial Parkway from the vicinity of Brickyard Road to Great Falls, Maryland, or in Prince Georges County, Maryland.</proviso></content> </appropriations> <appropriations level="small"><heading>preservation of historic properties</heading> <content>For expenses necessary in carrying out a program for the preservation of additional historic properties throughout the Nation, as authorized by law (16 U.S.C. 461–467, 470), and investigations, studies, and salvage of archeological values, $24,375,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>planning, development and operation of recreation facilities</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, without regard to the Act of August 24, 1912, as amended (16 U.S.C. 451); including collection of special recreation use fees, to remain available until expended, $11,900,000, to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 1968 (82 Stat. 354), and section 4(e) of the Act of July 11, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–5">16 USC 460<i>l</i>–5</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–6a">16 USC 460<i>l</i>–6a.</ref></p></sidenote> 1972 (86 Stat. 461): <proviso><i>Provided</i>, That not more than 40 per centum of the amount credited pursuant to section 4(e) of the Act of July 11, 1972, shall be available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof.</proviso></content> </appropriations> <appropriations level="small"><heading>john f. kennedy center for the performing arts</heading> <content>For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $2,420,000.</content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the National Park Service shall be available for the purchase of not to exceed one hundred sixty-seven passenger motor vehicles, of which one hundred twelve shall be for replacement only, including not to exceed one hundred four for police-type use; purchase of four aircraft (including two for replacement only); and to provide, notwithstanding any other provision of law, at a cost not exceeding $100,000, transportation for children in nearby communities to and from any unit of the National Park System used in connection with organized recreation and interpretive programs of the National Park Service: <proviso><i>Provided</i>, That any funds available to the National Park Service may be used, with the approval of the Secretary, to maintain law and order in emergency and other unforeseen law enforcement situations in the National Park System.</proviso></content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/88/808">88 <inline class="smallCaps">Stat.</inline> 808</page> <appropriations level="major"><heading>ENERGY AND MINERALS</heading> <appropriations level="intermediate"><heading>Geological Survey</heading> <appropriations level="small"><heading>surveys, investigations, and research</heading> <content>For expenses necessary for the Geological Survey to perform surveys, investigations, and research covering topography, geology, and the mineral and water resources of the United States, its Territories and possessions, and other areas as authorized by law (72 Stat. 837 and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1457/s31">43 USC 1457 note, 31.</ref></p></sidenote> 76 Stat. 427); classify lands as to mineral character and water and power resources; give engineering supervision to power permits and Federal Power Commission licenses; enforce departmental regulations applicable to oil, gas, and other mining leases, permits, licenses, and operating contracts; control the interstate shipment of contraband oil as required by law (15 U.S.C. 715); administer the minerals exploration program (30 U.S.C. 641); and publish and disseminate data relative to the foregoing activities; $203,575,000, of which $26,015,000 shall be available only for cooperation with States or municipalities for water resources investigations: <proviso><i>Provided</i>, That no part of this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s50">43 USC 50.</ref></p></sidenote> appropriation shall be used to pay more than one-half the cost of any topographic mapping or water resources investigations carried on in cooperation with any State or municipality:</proviso> <proviso><i>Provided further</i>, That the amount appropriated for “Surveys, investigations, and research”in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, with this appropriation.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 276.</p></sidenote></proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>The amount appropriated for the Geological Survey shall be available for purchase of not to exceed thirty-two passenger motor vehicles, for replacement only; reimbursement to the General Services Administration for security guard services, contracting for the furnishing of topographic maps and for the making of geophysical or other specialized surveys when it is administratively determined that such procedures are in the public interest; construction and maintenance of necessary buildings and appurtenant facilities; acquisition of lands for gaging stations and observation wells; expenses of the U.S. National Committee on Geology; payment of contributions to the International Federation of Surveyors; and payment of compensation and expenses of persons on the rolls of the Geological Survey appointed, as authorized by law, to represent the United States in the negotiation and administration of interstate compacts.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Mining Enforcement and Safety Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to promote health and safety in mines and in the minerals industry through development, promulgation and enforcement of regulations, including mine inspections, technical support, and education and training as authorized by law, $67,913,000, of which not to exceed $1,000,000 shall remain available until expended: <proviso><i>Provided</i>, That no part of the funds appropriated by this Act shall be used to pay any public relations firm for any promotional campaigns among coal miners.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations and funds available to the Mining Enforcement and Safety Administration may be expended for purchase and <page identifier="/us/stat/88/809">88 <inline class="smallCaps">Stat.</inline> 809</page> bestowal of certificates and trophies in connection with mine rescue and first-aid work: <proviso><i>Provided</i>, That the Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private:</proviso> <proviso><i>Provided further</i>, That the Mining Enforcement and Safety Administration is authorized to promote health and safety education and training in the mining community through cooperative programs with States, industry, and safety associations:</proviso> <proviso><i>Provided further</i>, That any funds available to the Department may be used, with the approval of the Secretary, to provide for the costs of mine rescue and survival operations in the event of major mine disasters.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Bureau of Mines</heading> <appropriations level="small"><heading>mines and minerals</heading> <content>For expenses necessary for conducting inquiries, technological investigations and research concerning the extraction, processing, use and disposal of mineral substances without objectionable social and environmental costs; to foster and encourage private enterprise in the development of mineral resources and the prevention of waste in the mining, minerals, metal and mineral reclamation industries; to inquire into the economic conditions affecting those industries; to promote health and safety in mines and the mineral industry through research; and for other related purposes as authorized by law; $77,863,000, of which $27,691,000 shall remain available until expended: <proviso><i>Provided</i>, That the amount appropriated for “Mines and minerals”in the Special Energy Research and Development Appropriation Act, 1975, shall be merged, without limitation, with this <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 276.</p></sidenote> appropriation.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions</heading> <content>The Secretary is authorized to accept lands, buildings, equipment, and other contributions from public and private sources and to prosecute projects in cooperation with other agencies, Federal, State, or private: <proviso><i>Provided</i>, That the Bureau of Mines is authorized during the current fiscal year, to sell directly or through any Government agency, including corporations, any metal or mineral product that may be manufactured in pilot plants operated by the Bureau of Mines, and the proceeds of such sales shall be covered into the Treasury as miscellaneous receipts.</proviso></content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>INDIAN AFFAIRS</heading> <appropriations level="intermediate"><heading>Bureau of Indian Affairs</heading> <appropriations level="small"><heading>operation of indian programs</heading> <content>For expenses necessary to provide education and welfare services for Indians, either directly or in cooperation with States and other organizations, including payment (in advance or from date of admission), of care, tuition, assistance, and other expenses of Indians in boarding homes, institutions, or schools; grants and other assistance to needy Indians; maintenance of law and order, and payment of rewards for information or evidence concerning violations of law on Indian reservations lands, or treaty fishing rights tribal use areas; management, development, improvement, and protection of resources and appurtenant facilities under the jurisdiction of the Bureau of Indian Affairs, including payment of irrigation assessments and charges; acquisition of water rights; advances for Indian industrial and busi-<page identifier="/us/stat/88/810">88 <inline class="smallCaps">Stat.</inline> 810</page>ness enterprises; operation of Indian arts and crafts shops and museums; development of Indian arts and crafts, as authorized by law; and for the general administration of the Bureau of Indian Affairs, including such expenses in field offices, $467,000,000: <proviso><i>Provided</i>, That $470,000 shall be available to assist the Pyramid Lake Paiute Tribe of Indians in the operation and maintenance of facilities for the restoration of the Pyramid Lake fishery pursuant to the Washoe Act (43 U.S.C. 614).</proviso></content> </appropriations> <appropriations level="small"><heading>construction</heading> <content>For construction, major repair and improvement of irrigation and power systems, buildings, utilities, and other facilities; acquisition of lands and interests in lands; preparation of lands for farming; and architectural and engineering services by contract, $61,804,000, to remain available until expended: <proviso><i>Provided</i>, That no part of the sum herein appropriated shall be used for the acquisition of land within the States of Arizona, California, Colorado, New Mexico, South Dakota, and Utah outside of the boundaries of existing Indian reservations except lands authorized by law to be acquired for the Navajo Indian Irrigation Project:</proviso> <proviso><i>Provided further</i>, That no part of this appropriation shall be used for the acquisition of land or water rights within the States of Nevada, Oregon, and Washington either inside or outside the boundaries of existing reservations except such lands as may be required for replacement of the Wild Horse Dam in the State of Nevada:</proviso> <proviso><i>Provided further</i>, That such amounts as may be available for the construction of the Navajo Indian Irrigation Project may be transferred to the Bureau of Reclamation:</proviso> <proviso><i>Provided further</i>, That the unobligated balance of $10,300,000 previously appropriated for Mt. Edgecumbe School and four Regional Dormitories in Alaska shall be made available for the construction of Chevak, Northway, Hooper Bay, Galena, and Alakamuk Schools, Alaska:</proviso> <proviso><i>Provided further</i>, That not to exceed $100,000 appropriated under this head in the Department of the Interior and Related Agencies Appropriation Act, 1974, to the Edgar, Montana, Public School District No. 4, shall be made available to the newly established Plenty Coups High School District No. 3, Big Horn County, Pryor, Montana:</proviso> <proviso><i>Provided further</i>, That $580,000 shall be available to assist the Pyramid Lake Paiute Tribe of Indians in the construction of facilities for the restoration of the Pyramid Lake fishery pursuant to the Washoe Act (43 U.S.C. 614):</proviso> <proviso><i>Provided further</i>, That not to exceed $100,000 shall be for assistance to the Rough Rock School on the Navajo Indian Reservation, Arizona, for equipment:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,195,000 shall be available to assist the Ramah-Navajo School Board, Inc., including not to exceed $800,000 for construction of school facilities and not to exceed $395,000 for purchase of school equipment:</proviso> <proviso><i>Provided further</i>, That not to exceed $100,000 shall be available to assist the Heart Butte School, Blackfeet School District No. 1, Montana, for planning for construction of school facilities; that not to exceed $145,000 shall be available to assist the Hays/Lodgepole School District No. 50, Hays, Montana, for planning for construction of school facilities; and that not to exceed $218,000 shall be available to assist Joint School District No. 8, Shawano, Wisconsin for planning and construction of school facilities at Keshena and planning of facilities at Neopit; and that not to exceed $1,350,000 shall be available to assist the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, for development and construction of the Big Springs Domestic Water System.</proviso></content> </appropriations> <page identifier="/us/stat/88/811">88 <inline class="smallCaps">Stat.</inline> 811</page> <appropriations level="small"><heading>road construction (liquidation of contract authority)</heading> <content>For liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203, $59,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>indian loan guaranty and insurance fund</heading> <content>For payment to the loan guaranty and insurance fund as authorized by the Indian Financing Act of 1974, Public Law 93–262, title III, section 302, to carry out the provisions of sections 217 and 301 of the above Act to (a) provide capital for a loan guaranty and insurance <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 82.</p></sidenote> fund, (b) pay interest subsidy on guaranteed loans, and (c) pay administrative expenses, $20,000,000, to remain available until expended: <proviso><i>Provided</i>, That for the purpose of entering into contracts pursuant to title V, section 502 of the above Act, the Secretary is <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 83.</p></sidenote> authorized to use not to exceed 5 per centum of any funds appropriated for any fiscal year pursuant to title III, section 302 of the above Act.</proviso></content> </appropriations> <appropriations level="small"><heading>revolving fund for loans</heading> <content>For payment to the revolving fund for loans, for loans as authorized by the Indian Financing Act of 1974, Public Law 93–262, title I, section 101, $38,000,000, to remain available until expended.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 78.</p></sidenote></content> </appropriations> <appropriations level="small"><heading>alaska native fund</heading> <content>To provide for the settlement of certain land claims by Natives and Native groups of Alaska, and for other purposes, based on aboriginal land claims, as authorized by the Act of December 18, 1971 (Public Law 92–203), $70,000,000.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1601">43 USC 1601.</ref></p></sidenote></content> </appropriations> <appropriations level="small"><heading>miscellaneous trust funds</heading> <content>In addition to the tribal funds authorized to be expended by existing law, there is hereby appropriated $3,000,000 from tribal funds not otherwise available for expenditure for the benefit of Indians and Indian tribes, including pay and travel expenses of employees; care, tuition, and other assistance to Indian children attending public and private schools (which may be paid in advance or from date of admission); purchase of land and improvements on land, title to which shall be taken in the name of the United States in trust for the tribe for which purchased; lease of lands and water rights; compensation and expenses of attorneys and other persons employed by Indian tribes under approved contracts; pay, travel, and other expenses of tribal officers, councils, and committees thereof, or other tribal organizations, including mileage for use of privately owned automobiles and per diem in lieu of subsistence at rates established administratively but not to exceed those applicable to civilian employees of the Government; relief of Indians, without regard to section 7 of the Act of May 27, 1930 (46 Stat. 391) including cash grants: <proviso><i>Provided</i>, That in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s4124">18 USC 4124</ref> and note.</p></sidenote> addition to the amount appropriated herein, tribal funds may be advanced to Indian tribes during the current fiscal year for such purposes as may be designated by the governing body of the particular tribe involved and approved by the Secretary:</proviso> <proviso><i>Provided, however</i>, That no part of this appropriation or other tribal funds shall be used for the acquisition of land or water rights within the States of Nevada and Oregon, either inside or outside the boundaries of existing Indian reservations, if such acquisition results in the property being exempted from local taxation.</proviso></content> </appropriations> <page identifier="/us/stat/88/812">88 <inline class="smallCaps">Stat.</inline> 812</page> <appropriations level="small"><heading>administrative provisions</heading> <content>Appropriations for the Bureau of Indian Affairs (except the revolving fund for loans) shall be available for expenses of exhibits; purchase of not to exceed seventy-three police-type passenger motor vehicles of which sixty-three shall be for replacement only, which may be used for the transportation of Indians; advance payments for service (including services which may extend beyond the current fiscal year) under contracts executed pursuant to the Act of June 4, 1936 (25 U.S.C. 452), the Act of August 3, 1956 (70 Stat. 986), and legislation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t25/s309">25 USC 309.</ref></p></sidenote> terminating Federal supervision over certain Indian tribes; and expenses required by continuing or permanent treaty provisions.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>TERRITORIAL AFFAIRS</heading> <appropriations level="intermediate"><heading>Office of Territorial Affairs</heading> <appropriations level="small"><heading>administration of territories</heading> <content>For expenses necessary for the administration of Territories under the jurisdiction of the Department of the Interior, including expenses of the Office of the Governor of American Samoa, as authorized by law (48 U.S.C. 1661(c)); compensation and mileage of members of the legislature in American Samoa as authorized by law (48 U.S.C. 1661(c)); compensation and expenses of the judiciary in American Samoa, as authorized by law (48 U.S.C. 1661(c)); grants to American Samoa, in addition to current local revenues, for support of governmental functions; grants to Guam, as authorized by law (48 U.S.C. 1428–1428e); and personal services, household equipment and furnishings, and utilities necessary in the operation of the house of the Governor of American Samoa; $14,450,000, together with $875,000 for expenses of the office of the Government Comptroller for the Virgin Islands to be derived from “Internal Revenue Collections for Virgin Islands”, as authorized by law (48 U.S.C. 1599(a)) and $625,000 for expenses of the office of the Government Comptroller for Guam to be derived from duties and taxes which would otherwise be covered into the Treasury of Guam, as authorized by law (48 U.S.C. 1422d (a)), to remain available until expended: <proviso><i>Provided</i>, That the Territorial <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1401f/s1423l/s1665">43 USC 1401f, 1423<i>l</i>, 1665.</ref></p></sidenote> and local government herein provided for are authorized to make purchases through the General Services Administration:</proviso> <proviso><i>Provided further</i>, That appropriations available for the administration <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1470a">48 USC 1470a.</ref></p></sidenote> of Territories may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary.</proviso></content> </appropriations> <appropriations level="small"><heading>trust territory of the pacific islands</heading> <content>For expenses necessary for the Department of the Interior in administration of the Trust Territory of the Pacific Islands pursuant to the Trusteeship Agreement approved by joint resolution of July 18, 1947 (61 Stat. 397), and the Act of June 30, 1954 (68 Stat. 330), as <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t22/s287">22 USC 287</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1681">48 USC 1681</ref> note.</p></sidenote> amended (84 Stat. 1559), including the expenses of the High Commissioner of the Trust Territory of the Pacific Islands; compensation and expenses of the Judiciary of the Trust Territory of the Pacific Islands; grants to the Trust Territory of the Pacific Islands in addition to local revenues, for support of governmental functions, and payment to the Trust Territory Economic Development Loan Fund pursuant to Public Law 92–257; $61,700,000, to remain available until expended, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1688">48 USC 1688.</ref></p> </sidenote><page identifier="/us/stat/88/813">88 <inline class="smallCaps">Stat.</inline> 813</page> including not to exceed $700,000 to offset reductions in, or termination of, Federal grant-in-aid programs or other funds made available to the Trust Territory of the Pacific Islands by other Federal agencies: <proviso><i>Provided</i>, That all financial transactions of the Trust Territory, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1683">48 USC 1683.</ref></p></sidenote> including such transactions of all agencies or instrumentalities established or utilized by such Trust Territory, shall be audited by the General Accounting Office in accordance with the provisions of the Budget and Accounting Act, 1921 (42 Stat. 23), as amended, and the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s1">31 USC 1.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s65">31 USC 65</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1682">48 USC 1682.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t48/s1687">48 USC 1687.</ref></p></sidenote> Accounting and Auditing Act of 1950 (64 Stat. 834):</proviso> <proviso><i>Provided further</i>, That the government of the Trust Territory of the Pacific Islands is authorized to make purchases through the General Services Administration:</proviso> <proviso><i>Provided further</i>, That appropriations available for the administration of the Trust Territory of the Pacific Islands may be expended for the purchase, charter, maintenance, and operation of surface vessels for official purposes and for commercial transportation purposes found by the Secretary to be necessary in carrying out the provisions of article 6(2) of the Trusteeship Agreement approved by <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/61/3302">61 Stat. 3302.</ref></p></sidenote> Congress.</proviso></content> </appropriations> <appropriations level="small"><heading>micronesian claims fund, trust territory of the pacific islands</heading> <content>For payment to the Micronesian Claims Fund for settlement of claims of Micronesian inhabitants of the Trust Territory of the Pacific Islands as may be determined by the Micronesian Claims Commission pursuant to the provisions of Title II of Public Law 92–39, $1,400,000, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t50/s2020">50 USC app. 2020.</ref></p></sidenote> to remain available until expended.</content> </appropriations> </appropriations> </appropriations> <appropriations level="major"><heading>SECRETARIAL OFFICES</heading> <appropriations level="intermediate"><heading>Office of the Solicitor</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Solicitor, $12,040,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Office of the Secretary</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Office of the Secretary of the Interior, including not to exceed $2,000 for official reception and representation expenses, $19,454,000.</content> </appropriations> <appropriations level="small"><heading>departmental operations</heading> <content>For necessary expenses for certain operations that provide departmentwide services, $10,523,000, of which not to exceed $250,000, to remain available until expended, shall be available for support of the Third United Nations International Geothermal Symposium.</content> </appropriations> <appropriations level="small"><heading>salaries and expenses (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses of the Office of the Secretary, as authorized by law, $192,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations, to such office for payments in the foregoing currencies (7 U.S.C. 1704).</proviso></content> </appropriations> </appropriations> </appropriations> <page identifier="/us/stat/88/814">88 <inline class="smallCaps">Stat.</inline> 814</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">General Provisions, Department of the Interior</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <content>Appropriations made in this title shall be available for <sidenote><p class="indent0 firstIndent1 fontsize8">Facilities, emergency reconstruction.</p></sidenote> expenditure or transfer (within each bureau or office), with the approval of the Secretary, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or other unavoidable causes: <proviso><i>Provided</i>, That no funds shall be made available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have been exhausted.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <content>The Secretary may authorize the expenditure or transfer <sidenote><p class="indent0 firstIndent1 fontsize8">Forest or range fires.</p></sidenote> of any appropriation in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under jurisdiction of the Department of the Interior and for the emergency rehabilitation of burned-over lands under its jurisdiction: <proviso><i>Provided</i>, That appropriations made in this title for fire suppression purposes shall be available for the payment of obligations incurred during the preceding fiscal year, and for reimbursement to other Federal agencies for destruction of vehicles, aircraft, or other equipment in connection with their use for fire suppression purposes, such reimbursement to be credited to appropriations currently available at the time of receipt thereof.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <content>Appropriations made in this title shall be available for <sidenote><p class="indent0 firstIndent1 fontsize8">Service facilities.</p></sidenote> operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, and said appropriations shall be reimbursed for services rendered to any other activity in the same manner as authorized by the Act of June 30, 1932 (31 U.S.C. 686): <proviso><i>Provided</i>, That reimbursements for costs of supplies, materials and equipment, and for services rendered may be credited to the appropriation current at the time such reimbursements are received.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <content>Appropriations made to the Department of the Interior in this title or in the Public Works for Water and Power Development and Atomic Energy Commission Appropriation Act, 1975, shall <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 782.</p></sidenote> be available for services as authorized by 5 U.S.C. 3109, when authorized by the Secretary, in total amount not to exceed $300,000; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; and the payment of dues, when authorized by the Secretary, for library membership in societies or associations which issue publications to members only or at a price to members lower than to subscribers who are not members.</content> </section> <section class="firstIndent1 fontsize10"><num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <content>Appropriations available to the Department of the <sidenote><p class="indent0 firstIndent1 fontsize8">Uniforms.</p></sidenote> Interior for salaries and expenses shall be available for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902 and D.C. Code 4–204).</content> </section> <section class="firstIndent1 fontsize10"><num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <content>In addition to the aircraft specifically authorized under <sidenote><p class="indent0 firstIndent1 fontsize8">Surplus aircraft.</p></sidenote> this Act there is hereby authorized for acquisition four surplus aircraft for replacement only. Such acquisitions shall be integral to the provision of centralized aircraft services in Alaska.</content> </section> <section class="firstIndent1 fontsize10"><num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <content>The sum of $261,278,000 appropriated under the head, <sidenote><p class="indent0 firstIndent1 fontsize8">MHD program.</p></sidenote> Office of Coal Research, Salaries and Expenses, in Public Law 93–392, signed June 30, 1974, includes $12,500,000 for a program for magnetohydrodynamics <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 276.</p></sidenote> (MHD), of which $5,000,000, as described in Senate Report 93–903 and House Report 93–1123, shall be used in part to <page identifier="/us/stat/88/815">88 <inline class="smallCaps">Stat.</inline> 815</page> initiate design of an MHD engineering test facility, and there shall be undertaken immediately the design and planning of such engineering test facility, to be located in Montana, large enough so as to provide a legitimate engineering basis which when achieved will enable the immediate construction of a commercial scale MHD plant (500 MWc or above) for possible operations in the mid-1980’s.</content> </section> <num value="II">TITLE II—</num><heading class="inline">RELATED AGENCIES</heading> <appropriations level="intermediate"><heading>Department of Agriculture</heading> <subheading>Forest Service</subheading> <appropriations level="small"><heading>forest protection and utilization</heading> <content><p class="firstIndent1 fontsize10">For expenses necessary for forest protection and utilization, as follows:</p> <p class="firstIndent1 fontsize10">Forest land management: For necessary expenses of the Forest Service, not otherwise provided for, including the administration, improvement, development, and management of lands, waters, or interests therein, under Forest Service administration, fighting and preventing forest fires on or threatening such lands and emergency rehabilitation and for liquidation of obligations incurred in the preceding fiscal year for such purposes, control of white pine blister rust and other forest diseases and insects on Federal and non-Federal lands, implementation of forest advanced logging and conservation systems including necessary research and development related thereto, $306,119,000, of which $4,275,000 for fighting and preventing forest fires and for the emergency rehabilitation of burned-over lands under its jurisdiction and $1,910,000 for insect and disease control shall be apportioned for use, pursuant to section 3679 of the Revised Statutes, as amended, to the extent necessary under the then existing conditions: <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t31/s665">31 USC 665.</ref></p></sidenote> <proviso><i>Provided</i>, That funds appropriated for “Cooperative range improvements”, pursuant to section 12 of the Act of April 24, 1950 (16 U.S.C. 580h), may be advanced to this appropriation:</proviso> <proviso><i>Provided further</i>, That funds appropriated for the cooperative law enforcement program shall remain available until expended.</proviso></p> <p class="firstIndent1 fontsize10">Forest Research: For forest research at forest and range experiment stations, the Forest Products Laboratory, or elsewhere, as authorized by law, $75,402,000.</p> <p class="firstIndent1 fontsize10">State and Private Forestry Cooperation: For cooperation with States in forest-fire prevention and suppression, in forest tree planting on non-Federal public and private lands, and in forest management and processing, and for advising timberland owners, associations, wood-using industries, and others in the application for forest management principles and processing of forest products, as authorized by law, $34,638,000.</p></content> </appropriations> <appropriations level="small"><heading>construction and land acquisition</heading> <content>For construction and acquisition of buildings and other facilities required in the conservation, management, investigation, protection and utilization of national forest resources, point discharge monitoring and evaluation, and non-point discharge surveillance monitoring and evaluation, and the acquisition of lands and interests therein necessary to these objectives, $30,908,000, to remain available until expended: <proviso><i>Provided</i>, That not more than $1,576,000 of this appropriation may be used for acquisition of land under the Act of March 1, 1911, as amended (16 U.S.C. 513–519).</proviso></content> </appropriations> <page identifier="/us/stat/88/816">88 <inline class="smallCaps">Stat.</inline> 816</page> <appropriations level="small"><heading>youth conservation corps</heading> <content>For expenses necessary to carry out the provisions of the Act of August 13, 1970, as amended by Public Law 92–597, $10,240,000, to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/prec/s2711">42 USC prec. 2711</ref> note.</p></sidenote> remain available until the end of the fiscal year following the fiscal year for which appropriated: <proviso><i>Provided</i>, That $5,120,000 shall be available to the Secretary of the Interior and $5,120,000 shall be available to the Secretary of Agriculture:</proviso> <proviso><i>Provided further</i>, That the funds appropriated in this paragraph shall be available only upon the enactment into law of authorizing legislation.</proviso></content> </appropriations> <appropriations level="small"><heading>forest roads and trails (liquidation of contract authority)</heading> <content>For expenses necessary for carrying out the provisions of title 23, United States Code, sections 203 and 205, relating to the construction and maintenance of forest development roads and trails, $120,864,000, to remain available until expended, for liquidation of obligations incurred pursuant to authority contained in title 23, United States Code, section 203: <proviso><i>Provided</i>, That funds available under the Act of March 4, 1913 (16 U.S.C. 501) shall be merged with and made a part of this appropriation.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Acquisition of Lands for National Forests</heading> <appropriations level="small"><heading>special acts</heading> <content>For acquisition of land to facilitate the control of soil erosion and flood damage originating within the exterior boundaries of the following national forests, in accordance with the provisions of the following Acts, authorizing annual appropriations of forest receipts for such purposes, and in not to exceed the following amounts from such receipts, Cache National Forest, Utah, Act of May 11, 1938 (52 Stat. 347), as amended, $20,000; Uinta and Wasatch National Forest, Utah, Act of August 26, 1935 (49 Stat. 866), as amended, $30,000; Toiyabe National Forest, Nevada, Act of June 25, 1938 (52 Stat. 1205), as amended, $10,000; Angeles National Forest, California, Act of June 11, 1940 (54 Stat. 299), $20,000; San Bernardino and Cleveland National Forests, California, Act of June 15, 1938 (52 Stat. 699), as amended, $81,000; in all, $161,000: <proviso><i>Provided</i>, That no part of this appropriation shall be used for acquisition of any land which is not within the boundaries of the national forests and/or for the acquisition of any land without the approval of the local government concerned.</proviso></content> </appropriations> <appropriations level="small"><heading>acquisition of lands to complete land exchanges</heading> <content>For acquisition of lands in accordance with the Act of December 4, 1967 (16 U.S.C. 484a), to remain available until expended, $39,310, to be derived from deposits by public school authorities under said Act.</content> </appropriations> <appropriations level="small"><heading>acquisition of lands, klamath indians</heading> <content>For the acquisition of tribal lands that comprise the Klamath Indian Forests as authorized by section 8(c) of the Act of August 13, 1954, as amended (25 U.S.C. 564w–1(e)), $49,000,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>cooperative range improvements</heading> <content>For artificial revegetation, construction, and maintenance of range improvements, control of rodents, and eradication of poisonous <page identifier="/us/stat/88/817">88 <inline class="smallCaps">Stat.</inline> 817</page> and noxious plants on national forests in accordance with section 12 of the Act of April 24, 1950 (16 U.S.C. 580h), to be derived from grazing fees as authorized by said section, $700,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>assistance to states for tree planting</heading> <content>For expenses necessary to carry out section 401 of the Agricultural Act of 1956, approved May 28, 1956 (16 U.S.C. 568e), $1,344,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>construction and operation of recreation facilities</heading> <content>For construction, operation, and maintenance of outdoor recreation facilities, including collection of special recreation use fees, to remain available until expended, $1,260,000, to be derived from the special receipt accounts established by section 1(b) of the Act of July 15, 1968 (82 Stat. 354), and section 4(e) of the Act of July 11, 1972 (86 Stat. <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–5">16 USC 460<i>l</i>–5</ref> note.</p></sidenote> 461): <proviso><i>Provided</i>, That not more than 40 per centum of the amount credited pursuant to section 4(e) of the Act of July 11, 1972, shall be <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s460l–6a">16 USC 460<i>l</i>–6a.</ref></p></sidenote> available for the enhancement of the fee collection system established by section 4 of such Act, including the promotion and enforcement thereof.</proviso></content> </appropriations> <appropriations level="small"><heading>administrative provisions, forest service</heading> <content><p class="firstIndent1 fontsize10">Appropriations to the Forest Service for the current fiscal year shall be available for: (a) purchase of not to exceed three hundred thirty-three passenger motor vehicles of which two hundred sixty-seven shall be for replacement only, and hire of such vehicles; operation and maintenance of aircraft and the purchase of not to exceed four for replacement only; (b) employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for employment under 5 U.S.C. 3109; (c) uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); (d) purchase, erection, and alteration of buildings and other public improvements (7 U.S.C. 2250); (e) expenses of the National Forest Reservation Commission as authorized by section 14 of the Act of March 1, 1911 (16 U.S.C. 514); (f) acquisition of land and interests therein for sites for administrative and not to exceed $75,000 for research purposes, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); (g) expenses incident to acquisition by donation or exchange of land, waters, or interests in land or waters, pursuant to the Act of August 3, 1956 (7 U.S.C. 428a): <proviso><i>Provided</i>, That such appropriation shall not be available for expenses incident to donations and exchanges which can be made pursuant to authorities other than the Act of August 3, 1956 (7 U.S.C. 428a);</proviso> and (h) not to exceed $100,000 for expenses pursuant to the Volunteers in the National Forests Act of 1972 (16 U.S.C. 558a, 558d, 558a note).</p> <p class="firstIndent1 fontsize10">Except to provide materials required in or incident to research or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t16/s560a">16 USC 560a.</ref></p></sidenote> experimental work where no suitable domestic product is available, no part of the funds appropriated to the Forest Service shall be expended in the purchase of twine manufactured from commodities or materials produced outside of the United States.</p> <p class="firstIndent1 fontsize10">Funds appropriated under this Act shall not be used for acquisition of forest lands under the provisions of the Act approved March 1, 1911, as amended (16 U.S.C. 513–519, 521), where such land is not within the boundaries of an established national forest or purchase unit.</p> <p class="firstIndent1 fontsize10">None of the funds made available under this Act shall be obligated or expended to change the boundaries of any region, to abolish any region, to move or close any regional office for research, State and <page identifier="/us/stat/88/818">88 <inline class="smallCaps">Stat.</inline> 818</page> private forestry, and National Forest System administration of the Forest Service, Department of Agriculture, without the consent of the Committee on Appropriations and Committee on Agriculture and Forestry in the U.S. Senate and U.S. House of Representatives.</p></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Commission of Fine Arts</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses made necessary by the Act establishing a Commission of Fine Arts (40 U.S.C. 104), $171,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Department of Health, Education, and Welfare</heading> <subheading>Health Services Administration</subheading> <appropriations level="small"><heading>indian health services</heading> <content>For expenses, not otherwise provided for, necessary to carry out the Act of August 5, 1954 (68 Stat. 674), and titles III and V of the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s2001">42 USC 2001.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s241/s219">42 USC 241, 219.</ref></p></sidenote> Public Health Service Act, including hire of passenger motor vehicles and aircraft; purchase of reprints; payment for telephone service in private residences in the field, when authorized under regulations approved by the Secretary, $226,217,000.</content> </appropriations> <appropriations level="small"><heading>indian health facilities</heading> <content>For construction, major repair, improvement, and equipment of health and related auxiliary facilities, including quarters for personnel; preparation of plans, specifications, and drawings; acquisition of sites; purchase and erection of portable buildings; purchase of trailers; and provision of domestic and community sanitation facilities for Indians, as authorized by section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), $57,431,000, to remain available until expended.</content> </appropriations> </appropriations> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">administrative provisions, health services administration</inline></heading> <num value="1001"><inline class="smallCaps">Sec.</inline> 1001.</num> <content>Appropriations contained in this Act, available for salaries and expenses, shall be available for services as authorized by 5 U.S.C. 3109 but at rates not to exceed the per diem equivalent to the rate for GS–18.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t5/s5332">5 USC 5332</ref> note.</p></sidenote></content> </section> <section class="firstIndent1 fontsize10"><num value="1002"><inline class="smallCaps">Sec.</inline> 1002.</num> <content>Appropriations contained in this Act, available for salaries and expenses, shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).</content> </section> <section class="firstIndent1 fontsize10"><num value="1003"><inline class="smallCaps">Sec.</inline> 1003.</num> <content>Appropriations contained in this Act available for salaries and expenses, shall be available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of those functions or activities.</content> </section> <appropriations level="intermediate"><heading>Office of Education</heading> <appropriations level="small"><heading>indian education</heading> <content>For carrying out, to the extent not otherwise provided, part A ($25,000,000), part B ($12,000,000), and part C ($3,000,000) of the Indian Education Act, and $2,000,000 for the General Education Provisions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s241aa">20 USC 241aa</ref> note.</p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 556.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s1221">20 USC 1221</ref> note.</p></sidenote> Act, $42,000,000.</content> </appropriations> </appropriations> <page identifier="/us/stat/88/819">88 <inline class="smallCaps">Stat.</inline> 819</page> <appropriations level="intermediate"><heading>Indian Claims Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses necessary to carry out the purposes of the Act of August 13, 1946 (25 U.S.C. 70), as amended (86 Stat. 115), creating an Indian Claims Commission, $1,324,000, of which not to exceed $15,000 shall be available for expenses of travel.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Capital Planning Commission</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, as authorized by the National Capital Planning Act of 1952 (40 U.S.C. 71–71i), including services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902), $1,777,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>National Foundation on the Arts and the Humanities</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses to carry out the National Foundation on the Arts and the Humanities Act of 1965, as amended, $145,000,000, of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s951">20 USC 951</ref> note.</p></sidenote> which $67,250,000 shall be available until expended to the National Endowment for the Arts for the support of projects and productions in the arts through assistance to groups and individuals pursuant to section 5(c) of the Act, of which not less than 20 percent shall be <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s954">20 USC 954.</ref></p></sidenote> available until expended to the National Endowment for the Arts for assistance pursuant to section 5(g) of the Act; $67,250,000 shall be available until expended to the National Endowment for the Humanities for support of activities in the humanities pursuant to section 7(c) of the Act; and $10,500,000 shall be available for administering <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s956">20 USC 956.</ref></p></sidenote> the provisions of the Act: <proviso><i>Provided</i>, That not to exceed 3 per centum of the funds appropriated to the National Endowment for the Arts for the purposes of sections 5(c) and 5(g) and not to exceed 3 per centum of the funds appropriated to the National Endowment for the Humanities for the purposes of section 7(c) shall be available for program development and evaluation.</proviso></content> </appropriations> <appropriations level="small"><heading>matching grants</heading> <content>To carry out the provisions of section 10(a)(2) of the National Foundation on the Arts and the Humanities Act of 1965, as amended, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s959">20 USC 959.</ref></p></sidenote> $14,000,000, to remain available until expended: <proviso><i>Provided</i>, That this appropriation shall be available for obligation only in such amounts as may be equal to the total amounts of gifts, bequests, and devises of money, and other property accepted by the Chairman of each Endowment under the provisions of section 10(a)(2) during the current and preceding fiscal years, for which equal amounts have not previously been appropriated.</proviso></content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Smithsonian Institution</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Smithsonian Institution, including research in the fields of art, science, and history; development, preservation, and documentation of the National Collections; presenta-<page identifier="/us/stat/88/820">88 <inline class="smallCaps">Stat.</inline> 820</page>tion of public exhibits and performances; collection, preparation, dissemination, and exchange of information and publications; conduct of education, training, and museum assistance programs; maintenance, alteration, operation, and protection of buildings, facilities, and approaches; not to exceed $100,000 for services as authorized by 5 U.S.C. 3109; purchase or rental of two passenger motor vehicles; purchase, rental, repair, and cleaning of uniforms for employees; $67,789,000: <proviso><i>Provided</i>, That funds appropriated herein are available for advance payments to independent contractors performing research services or participating in official Smithsonian presentations.</proviso></content> </appropriations> <appropriations level="small"><heading>science information exchange</heading> <content>For necessary expenses of the Science Information Exchange, $1,755,000.</content> </appropriations> <appropriations level="small"><heading>museum programs and related research (special foreign currency program)</heading> <content>For payments in foreign currencies which the Treasury Department shall determine to be excess to the normal requirements of the United States, for necessary expenses for carrying out museum programs, scientific and cultural research, and related educational activities, as authorized by law, $2,000,000, to remain available until expended and to be available only to United States institutions: <proviso><i>Provided</i>, That this appropriation shall be available, in addition to other appropriations to the Smithsonian Institution, for payments in the foregoing currencies:</proviso> <proviso><i>Provided further</i>, That not to exceed $1,000,000 shall be available to the Smithsonian Institution for the International Campaign To Save the Monuments of Nubia of the United Nations Educational, Scientific, and Cultural Organization for the salvage of archeological sites on the Island of Philae.</proviso></content> </appropriations> <appropriations level="small"><heading>restoration and renovation of buildings</heading> <content>For necessary expenses of restoration and renovation of buildings owned or occupied by the Smithsonian Institution, as authorized by section 2 of the Act of August 22, 1949 (63 Stat. 623), including not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s53a">20 USC 53a.</ref></p></sidenote> to exceed $10,000 for services as authorized by 5 U.S.C. 3109, $1,490,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>construction and improvements, national zoological park</heading> <content>For necessary expenses of planning, construction, remodeling, and equipping of buildings and facilities at the National Zoological Park, $9,420,000, to remain available until expended.</content> </appropriations> <appropriations level="small"><heading>construction</heading> <subheading>(appropriation to liquidate contract authority)</subheading> <content>For construction and equipment of a building for a National Air and Space Museum, including not to exceed $100,000 for services as authorized by 5 U.S.C. 3109, $7,000,000, to remain available until expended, for liquidation of obligations incurred under the contract authorization granted in the Department of the Interior and Related Agencies Appropriation Act, 1973.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/86/508">86 Stat. 508.</ref></p></sidenote></content> </appropriations> <page identifier="/us/stat/88/821">88 <inline class="smallCaps">Stat.</inline> 821</page> <appropriations level="small"><heading>salaries and expenses, national gallery of art</heading> <content>For the upkeep and operations of the National Gallery of Art, the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March 24, 1937 (50 Stat. 51), as amended by the public resolution of April 13, 1939 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s71">20 USC 71.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/53/577">53 Stat. 577.</ref></p></sidenote> (Public Resolution 9, Seventy-sixth Congress), including services as authorized by 5 U.S.C. 3109; payment in advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair, and cleaning of uniforms for guards and elevator operators, and uniforms, or allowances therefor, for other employees as authorized by law (5 U.S.C. 5901–5902); purchase, or rental of devices and services for protecting buildings and contents thereof, and maintenance, alteration, improvement, and repair of buildings, approaches, and grounds; and not to exceed $70,000 for restoration and repair of works of art for the National Gallery of Art by contracts made, without advertising, with individuals, firms, or organizations at such rates or prices and under such terms and conditions as the Gallery may deem proper, $6,623,000.</content> </appropriations> <appropriations level="small"><heading>salaries and expenses, woodrow wilson international center for scholars</heading> <content>For expenses necessary in carrying out the provisions of the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356), including hire of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t20/s80e">20 USC 80e</ref> note.</p></sidenote> passenger vehicles and services as authorized by 5 U.S.C. 3109, $954,000.</content> </appropriations> </appropriations> <appropriations level="major"><heading>HISTORICAL AND MEMORIAL COMMISSIONS</heading> <appropriations level="intermediate"><heading>American Revolution Bicentennial Administration</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For expenses to carry out the provisions of the Act of December 11, 1973 (Public Law 93–179), $9,686,000, of which not to exceed <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/stat/87/697">87 Stat. 697.</ref></p></sidenote> $1,375,000 shall be for grants-in-aid as authorized by section 9(a)(1) of the Act.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Federal Metal and Nonmetallic Mine Safety Board of Review</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Federal Metal and Nonmetallic Mine Safety Board of Review, as authorized by law (30 U.S.C. 721) including services as authorized by 5 U.S.C. 3109, $60,000.</content> </appropriations> </appropriations> <appropriations level="intermediate"><heading>Joint Federal-State Land Use Planning Commission for Alaska</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses of the Joint Federal-State Land Use Planning Commission for Alaska, established by the Act of December 18, 1971 (Public Law 92–203), $693,000: <proviso><i>Provided</i>, That this appropriation <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t43/s1601">43 USC 1601</ref> note.</p></sidenote> shall not be available to pay more than one-half of the expenses of the Commission.</proviso></content> </appropriations> </appropriations> <page identifier="/us/stat/88/822">88 <inline class="smallCaps">Stat.</inline> 822</page> <appropriations level="intermediate"><heading>Pennsylvania Avenue Development Corporation</heading> <appropriations level="small"><heading>salaries and expenses</heading> <content>For necessary expenses, as authorized by section 17 of Public Law 92–578 as amended, $824,000: <proviso><i>Provided</i>, That the funds appropriated <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s885">40 USC 885.</ref></p></sidenote> in this paragraph shall be available only upon enactment into law of authorizing legislation.</proviso></content> </appropriations> </appropriations> </appropriations> <num value="III">TITLE III—</num><heading class="inline">GENERAL PROVISIONS</heading> <section class="firstIndent1 fontsize10"><num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <content>No part of any appropriation under this Act shall be <sidenote><p class="indent0 firstIndent1 fontsize8">Unprocessed timber, sale restrictions.</p></sidenote> available to the Secretaries of the Interior and Agriculture for use for any sale hereafter made of unprocessed timber from Federal lands west of the 100th meridian in the contiguous 48 States which will be exported from the United States, or which will be used as a substitute for timber from private lands which is exported by the purchaser: <proviso><i>Provided</i>, That this limitation shall not apply to specific quantities of grades and species of timber which said Secretaries determine are surplus to domestic lumber and plywood manufacturing needs.</proviso></content> </section> <section class="firstIndent1 fontsize10"><num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <content>No part of any appropriation contained in this Act shall <sidenote><p class="indent0 firstIndent1 fontsize8">Space and services, payment, limitation.</p></sidenote> be available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(i) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t40/s490">40 USC 490.</ref></p></sidenote> </section> <section class="firstIndent1 fontsize10"><num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <content>No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. This Act may be cited as the “<shortTitle role="act">Department <sidenote><p class="indent0 firstIndent1 fontsize8">Short title.</p></sidenote> of the Interior and Related Agencies Appropriation Act, 1975</shortTitle>”.</content> </section>
Approved August 31, 1974.
Public Law 93–405: Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1975, and for other purposes. Public Law 405 Public Law 93–405 1974-08-31 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public Public Law 93–405
AN ACT Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending June 30, 1975, and for other purposes.

August 31, 1974

[H. R. 15581]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following

District of Columbia Appropriation Act, 1975.

 sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the District of Columbia for the fiscal year ending June 30, 1975, and for other purposes, namely: Federal Payment to the District of Columbia For payment to the following funds of the District of Columbia for the fiscal year ending June 30, 1975: $221,200,000 to the general 88 Stat. 823 fund; $3,200,000 to the water fund; and $2,400,000 to the sanitary sewage works fund; as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93–198; and the Act of May 18, 1954 (D.C. Code, 43–1541 and 1611).

D.C. Code 1–121 note.

 Loans to the District of Columbia for Capital Outlay For loans to the District of Columbia, as authorized by the Act of June 6, 1958 (72 Stat. 183), as amended, the Act of December 9, 1969

D.C. Code 9–220.

D.C. Code 1–1441 note, 7–133.

 (83 Stat. 321), and the Act of May 18, 1954 (68 Stat. 110), as amended, and the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198), $152,600,000, which together with balances of previous appropriations for this purpose, shall remain available until expended and be advanced upon request of the Commissioner, as follows: To the general fund, $143,600,000, and to the highway fund, $9,000,000. Division of Expenses The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: general operating expenses $77,524,400, of which $7,670,900 shall be payable from the revenue sharing trust fund, $660,100 from the highway fund (including $79,200 from the motor vehicle parking account), $107,700 from the water fund, and $71,800 from the sanitary sewage works fund: Provided, That not to exceed $2,500 for the Commissioner and $2,500 for the Chairman of the District of Columbia Council shall be available from this appropriation for expenditures for official purposes: Provided further, That, for the purpose of assessing and reassessing real property in the District of Columbia, $5,000 of the appropriation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not in excess of $100 per diem: Provided further, That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further, That $2,375,000 of this appropriation payable from the revenue sharing trust fund (to remain available until expended) shall be available solely for District of Columbia employees’ disability compensation: Provided further, That not to exceed $125,000 of this appropriation shall be available for settlement of property damage claims not in excess of $500 each and personal injury claims not in excess of $1,000 each: Provided further, That not to exceed $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Civil Defense for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Commissioner. 88 Stat. 824 public safety Public safety, including purchase of two hundred and sixty-five passenger motor vehicles for replacement only (including two hundred and sixty for police-type use and five for fire-type use without regard to the general purchase price limitation for the current fiscal year but not in excess of $400 per vehicle for police-type and $600 per vehicle for fire-type use above such limitation); $207,226,200, of which $5,500,000 shall be payable from the revenue sharing trust fund, and $8,117,200 from the highway fund (including $112,000 from the motor vehicle parking account): Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths the cost of the replacement: Provided further, That $1,159,800 shall be available for reimbursement to the United States for services provided to the District of Columbia by the offices of the United States attorney and the United States marshal for the District of Columbia: Provided further, That not to exceed $200,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime. education Education, including the development of national defense education programs, $207,748,800, of which $6,351,000 shall be payable from the revenue sharing trust fund, and $165,100 from the highway fund: Provided, That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further, That not to exceed $1,000 for the Superintendent of Schools, $1,000 for the President of Federal City College, and $1,000 for the President of Washington Technical Institute shall be available from this appropriation for expenditures for official purposes. recreation Recreation, $14,902,000, of which $204,000 shall be payable from the revenue sharing trust fund. human resources Human resources, including care and treatment of indigent patients in institutions under contracts to be made by the Director of Human Resources; $224,708,500, of which $7,465,000 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate and outpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeth’s Hospital for patient care shall be $24.53 per diem: Provided further, That total reimbursements to Saint Elizabeth’s Hospital, including funds from Title XIX of the Social Security Act, shall not exceed the amount for the fiscal year

42 USC 1396.

88 Stat. 825 1970: Provided further, That the hospital rates specified herein shall not apply, beginning July 1, 1969, to services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under Title XIX of the Social Security Act:

42 USC 1396.

 Provided further, That this appropriation shall be available for the furnishing of medical assistance to individuals sixty-five years of age or older who are residing in the District of Columbia. highways and traffic Highways and traffic, including rental of one passenger-carrying vehicle for use by the Commissioner; and purchase of twenty-six passenger motor vehicles; $24,180,000 of which $2,380,900 shall be payable from the revenue sharing trust fund, and $18,874,700 from the highway fund (including $640,800 from the motor vehicle parking account): Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. environmental services Environmental services, $50,347,000, of which $1,397,200 shall be payable from the revenue sharing trust fund, $13,090,200 from the water fund, $15,596,600 from the sanitary sewage works fund, and $63,300 from the metropolitan area sanitary sewage works fund: Provided, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia. personal services For pay increases and related retirement costs for general schedule employees, wage board employees, interns and residents, and Public Schools cafeteria employees to be transferred by the Commissioner of the District of Columbia to the appropriations for the fiscal year 1975 from which said employees are properly payable, $12,987,000, of which $535,600 shall be payable from the highway fund (including $6,200 from the motor vehicle parking account), $504,800 from the water fund, and $373,400 from the sanitary sewage works fund: Provided, That $251,300 shall be available for reimbursement to the United States for services provided to the District of Columbia by the offices of the United States attorney and the United States marshal for the District of Columbia. settlement of claims and suits For payment of property damage claims in excess of $500 and of personal injury claims in excess of $1,000, approved by the Commissioner in accordance with the provisions of the Act of February 11, 1929, as amended (45 Stat. 1160; 46 Stat. 500; 65 Stat. 131), $34,000.

D.C. Code 1–902 to 1–906.

 repayment of loans and interest For reimbursement to the United States of funds loaned in compliance with sections 108, 217, and 402 of the Act of May 18, 1954 (68 Stat. 103, 109, and 110), as amended; section 9 of the Act of September

D.C. Code 43–1540, 43–1616, 7–133.

D.C. Code 2–1727.

D.C. Code 9–220.

D.C. Code 43–1623

 7, 1957 (71 Stat. 619), as amended; section 1 of the Act of June 6, 1958 (72 Stat. 183), as amended; and section 4 of the Act of June 12, 1960 (74 Stat. 211), as amended, including interest as required thereby, $49,067,000, of which $6,977,100 shall be payable from the highway 88 Stat. 826 fund, $2,219,000 from the water fund, $1,747,400 from the sanitary sewage works fund, and $133,400 from the metropolitan area sanitary sewage works fund. capital outlay For reimbursement to the United States of funds loaned in compliance with the Act of August 7, 1946 (60 Stat. 896), as amended, and

72 Stat. 15.

 payments under the Act of July 2, 1954 (68 Stat. 443), construction projects as authorized by the Acts of April 22, 1904 (33 Stat. 244),

D.C. Code 43–1510, 43–1604, 7–133, 9–220, 40–804, 1–1441 note.

 May 18, 1954 (68 Stat. 105, 110), June 6, 1958 (72 Stat. 183), August 20, 1958 (72 Stat. 686), and the Act of December 9, 1969 (83 Stat. 321); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment of grounds; to remain available until expended, $204,918,000, of which $3,100,000 may be used for (1) the construction of a fully enclosed swimming pool at the south end of the existing structures comprising the Woodrow Wilson High School, including appropriate landscaping of the structure enclosing such pool, (2) the construction of a single entrance to such pool from Fort Drive, and (3) the closing of the existing access road between Nebraska Avenue and Fort Drive at the south end of such high school, including appropriate landscaping at the present access road entrance to be closed; the use of such pool during periods other than regular school hours on regular school days and on days when school is not in regular session to be in accordance with the terms of a joint agreement between the District of Columbia Board of Education and the District of Columbia Department of Recreation, and on no day may the use of such pool extend beyond 9 p.m. and $9,345,000 shall be payable from the highway fund, $2,605,000 from the water fund, and $1,405,000 from the sanitary sewage works fund: Provided, That $7,178,200 shall be available for construction services by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Commissioner, and the funds for the use of the Director of the Department of General Services shall be advanced to the appropriation account, “Construction Services, Department of General Services": Provided further, That the amount appropriated to the Construction Services Fund, Department of General Services, be limited, during the current fiscal year, to ten per centum of appropriations for all construction projects: Provided further, Notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968 (Public Law 90–495, approved August 23, 1968),

D.C. Code 7–135 note.

 for which funds are provided by this paragraph, shall expire on June 30, 1976, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date. Upon expiration of any such project authorization the funds provided herein for such project shall lapse.
88 Stat. 827
GENERAL PROVISIONS Sec. 1. Except as otherwise provided herein, all vouchers covering

Vouchers, audit.

 expenditures of appropriations contained in this Act shall be audited before payment by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official.
Sec. 2. Whenever in this Act an amount is specified within an appropriation

Maximum allowances.

 for particular purposes or object of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor.
Sec. 3. Appropriations in this Act shall be available, when authorized

Automobile allowances.

 or approved by the Commissioner, for allowances for privately owned automobiles used for the performance of official duties at 13 cents per mile but not to exceed $45 a month for each automobile, unless otherwise therein specifically provided, except that one hundred and thirteen (eighteen for venereal disease investigators in the Department of Human Resources) such allowances at not more than $715 each per annum may be authorized or approved by the Commissioner.
Sec. 4. Appropriations in this Act shall be available for expenses

Travel expenses; organization dues.

 of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Commissioner.
Sec. 5. Appropriations in this Act shall not be used for or in connection

Taxicabs, restrictions.

 with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission.
Sec. 6. Appropriations in this Act shall not be available for the

Street lighting.

D.C. Code 7–701 note.

 payment of rates for electric current for street lighting in excess of 2 cents per kilowatt-hour for current consumed.
Sec. 7. There are hereby appropriated from the applicable funds of

Judgment payments.

 the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the government of the District of Columbia: Provided, That nothing contained in this section shall be construed as modifying or affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia Income and Franchise Tax Act of 1947, as amended.

D.C. Code 47–1586j.
Sec. 8. Appropriations in this Act shall be available for the payment

D.C. Code 3–204 note.

D.C. Code 3–204.

42 USC 3801 note.

 of public assistance without reference to the requirement of subsection (b) of section 5 of the District of Columbia Public Assistance Act of 1962 and for the non-Federal share of funds necessary to qualify for Federal assistance under the Act of July 31, 1968 (Public Law 90–445).
88 Stat. 828
Sec. 9. No part of any appropriation contained in this Act shall

Fiscal year limitation.

 remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Sec. 10. No part of any funds appropriated by this Act shall be

Chauffeur compensation.

D.C. Code 40–501a note.

 used to pay the compensation (whether by contract or otherwise) of any individual for performing services as a chauffeur or driver for any designated officer or employee of the District of Columbia government (other than the Commissioner of the District of Columbia, Chief of Police and Fire Chief), or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of any such officer or employee (other than the Commissioner of the District of Columbia, Chief of Police and Fire Chief). No part of any funds appropriated by this Act, in excess of $12,000 in the aggregate, shall, in any fiscal year, be used to pay the compensation (whether by contract or otherwise) of individuals for performing services as a chauffeur or driver for the Commissioner of the District of Columbia, or for performing services as a chauffeur or driver of a motor vehicle assigned for the personal or individual use of the Commissioner of the District of Columbia.
Sec. 11. Not to exceed 4½ per centum of the total of all funds appropriated

Overtime or temporary positions, cost limitation.

 by this Act for personal compensation may be used to pay the cost of overtime or temporary positions.
Sec. 12. The total expenditure of funds appropriated by this Act for

Travel expenditure, limitation.

D.C. Code 1–216 note.

 authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $210,000.
Sec. 13. Appropriations in this Act shall not be available, during the

Number of employees.

 fiscal year ending June 30, 1975, for the compensation of any person appointed— (1) as full-time employee to a permanent, authorized position in the government of the District of Columbia during any month when the number of such employees is greater than 39,619; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year.
Sec. 14. No funds appropriated herein for the government of the

Partisan political activities.

 District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community group during non-school hours.
Sec. 15. Appropriations in this Act shall be available for services as authorized by 5 U.S.C. 3109, at rates to be fixed by the Commissioner.
Sec. 16.

No part of any appropriation contained in this Act shall be

Space and services.

available for paying to the Administrator of the General Services Administration in excess of 90 per centum of the standard level user charge established pursuant to section 210(j) of the Federal Property and Administrative Services Act of 1949, as amended, for space and services.

40 USC 490.

This Act may be cited as the “District of Columbia Appropriation

Short title.

Act, 1975”.
Approved August 31, 1974.
Public Law 93–406: To provide for pension reform. Public Law 406 Public Law 93–406 88 Stat. 829 1974-09-02 United States Government Publishing Office text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2025-09-25 93 2 public 88 Stat. 829 Public Law 93–406
AN ACT To provide for pension reform.

September 2, 1974

[H. R. 2]

 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Employee Retirement Income Security Act of 1974.

29 USC 1001 note.
short title and table of contents Section 1. That this Act may be cited as the “Employee Retirement Income Security Act of 1974”. TABLE OF CONTENTS Sec. 1. TITLE I— Subtitle A— Sec. 2. Sec. 3. Sec. 4. Subtitle B— Part 1— Sec. 101. Sec. 102. Sec. 103. Sec. 104. Sec. 105. Sec. 106. Sec. 107. Sec. 108. Sec. 109. Sec. 110. Sec. 111. Part 2— Sec. 201. Sec. 202. Sec. 203. Sec. 204. Sec. 205. Sec. 206. Sec. 207. Sec. 208. Sec. 209. Sec. 210. Sec. 211. Part 3— Sec. 301. Sec. 302. Sec. 303. Sec. 304. Sec. 305. Sec. 306. Part 4— Sec. 401. Sec. 402. Sec. 403. Sec. 404. Sec. 405. Sec. 406. Sec. 407. 88 Stat. 830 TABLE OF CONTENTS—Continued TITLE I—PROTECTION OF EMPLOYEE BENEFIT RIGHTS—Continued Part 4—Fidciary Responsibility—Continued Sec. 408. Sec. 409. Sec. 410. Sec. 411. Sec. 412. Sec. 413. Sec. 414. Part 5— Sec. 501. Sec. 502. Sec. 503. Sec. 504. Sec. 505. Sec. 506. Sec. 507. Sec. 508. Sec. 509. Sec. 510. Sec. 511. Sec. 512. Sec. 513. Sec. 514. TITLE II— Sec. 1001. Subtitle A— Part 1— Sec. 1011. Sec. 1012. Sec. 1013. Sec. 1014. Sec. 1015. Sec. 1016. Sec. 1017. Part 2— Sec. 1021. Sec. 1022. Sec. 1023. Sec. 1024. Part 3— Sec. 1031. Sec. 1032. Sec. 1033. Sec. 1034. Part 4— Sec. 1041. Part 5— Sec. 1051. Sec. 1052. 88 Stat. 831 TABLE OF CONTENTS—Continued TITLE II—AMENDMENTS TO THE INTERNAL REVENUE CODE RELATING TO RETIREMENT PLANS—Continued Subtitle B— Sec. 2001. Sec. 2002. Sec. 2003. Sec. 2004. Sec. 2005. Sec. 2006. Sec. 2007. Sec. 2008. TITLE III— Subtitle A— Sec. 3001. Sec. 3002. Sec. 3003. Sec. 3004. Subtitle B— Part 1— Sec. 3021. Sec. 3022. Part 2— Sec? 3031. Sec. 3032. Subtitle C— Sec. 3041. Sec. 3042. Sec. 3043. TITLE IV— Subtitle A— Sec. 4001. Sec. 4002. Sec. 4003. Sec. 4004. Sec. 4005. Sec. 4006. Sec. 4007. Sec. 4008. Sec. 4009. Subtitle B— Sec. 4021. Sec. 4022. Sec. 4023. 88 Stat. 832 TABLE OF CONTENTS—Continued TITLE IV—PLAN TERMINATION INSURANCE—Continued Subtitle C— Sec. 4041. Sec. 4042. Sec. 4043. Sec. 4044. Sec. 4045. Sec. 4046. Sec. 4047. Sec. 4048. Subtitle D— Sec. 4061. Sec. 4062. Sec. 4063. Sec. 4064. Sec. 4065. Sec. 4066. Sec. 4067. Sec. 4068. Subtitle E— Sec. 4081. Sec. 4082.
<num value="I">TITLE I—</num><heading class="inline">PROTECTION OF EMPLOYEE BENEFIT RIGHTS</heading> <subtitle><num value="A"><inline class="smallCaps">Subtitle A</inline>—</num><heading><inline class="smallCaps">General Provisions</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">findings and declaration of policy</inline></heading> <num value="2"><inline class="smallCaps">Sec.</inline> 2.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">The Congress finds that the growth in size, scope, and <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1001">29 USC 1001.</ref></p></sidenote> numbers of employee benefit plans in recent years has been rapid and substantial; that the operational scope and economic impact of such plans is increasingly interstate; that the continued well-being and security of millions of employees and their dependents are directly affected by these plans; that they are affected with a national public interest; that they have become an important factor affecting the stability of employment and the successful development of industrial relations; that they have become an important factor in commerce because of the interstate character of their activities, and of the activities of their participants, and the employers, employee organizations, and other entities by which they are established or maintained; that a large volume of the activities of such plans is carried on by means of the mails and instrumentalities of interstate commerce; that owing to the lack of employee information and adequate safeguards concerning their operation, it is desirable in the interests of employees and their beneficiaries, and to provide for the general welfare and the free flow of commerce, that disclosure be made and safeguards be provided with respect to the establishment, operation, and administration of such plans; that they substantially affect the revenues of the United States because they are afforded preferential Federal tax treatment; that despite the enormous growth in such plans many employees with long years of employment are losing anticipated retirement benefits owing to the lack of vesting provisions in such plans; that owing to the inadequacy of current minimum standards, the soundness and stability of plans with respect to adequate funds to pay promised benefits may be endangered; that owing to the termination of plans before <page identifier="/us/stat/88/833">88 <inline class="smallCaps">Stat.</inline> 833</page> requisite funds have been accumulated, employees and their beneficiaries have been deprived of anticipated benefits; and that it is therefore desirable in the interests of employees and their beneficiaries, for the protection of the revenue of the United States, and to provide for the free flow of commerce, that minimum standards be provided assuring the equitable character of such plans and their financial soundness.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>It is hereby declared to be the policy of this Act to protect interstate commerce and the interests of participants in employee benefit plans and their beneficiaries, by requiring the disclosure and reporting to participants and beneficiaries of financial and other information with respect thereto, by establishing standards of conduct, responsibility, and obligation for fiduciaries of employee benefit plans, and by providing for appropriate remedies, sanctions, and ready access to the Federal courts.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>It is hereby further declared to be the policy of this Act to protect interstate commerce, the Federal taxing power, and the interests of participants in private pension plans and their beneficiaries by improving the equitable character and the soundness of such plans by requiring them to vest the accrued benefits of employees with significant periods of service, to meet minimum standards of funding, and by requiring plan termination insurance.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">definitions</inline></heading> <num value="3"><inline class="smallCaps">Sec.</inline> 3.</num> <chapeau>For purposes of this title:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1002">29 USC 1002.</ref></p></sidenote></chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>The terms “employee welfare benefit plan” and “welfare plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that such plan, fund, or program was established or is maintained for the purpose of providing for its participants or their beneficiaries, through the purchase of insurance or otherwise, (A) medical, surgical, or hospital care or benefits, or benefits in the event of sickness, accident, disability, death or unemployment, or vacation benefits, apprenticeship or other training programs, or day care centers, scholarship funds, or prepaid legal services, or (B) any benefit described in section 302(c) of the Labor Management Relations Act, 1947 (other than pensions on retirement or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s186">29 USC 186.</ref></p></sidenote> death, and insurance to provide such pensions).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>The terms “employee pension benefit plan” and “pension plan” mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>provides retirement income to employees, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>results in a deferral of income by employees for periods extending to the termination of covered employment or beyond,</content> </subparagraph> <continuation class="indent0 fontsize10">regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan or the method of distributing benefits from the plan.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The term “employee benefit plan” or “plan” means an employee welfare benefit plan or an employee pension benefit plan or a plan which is both an employee welfare benefit plan and an employee pension benefit plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The term “employee organization” means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning an employee benefit plan, or other <page identifier="/us/stat/88/834">88 <inline class="smallCaps">Stat.</inline> 834</page> matters incidental to employment relationships; or any employees’ beneficiary association organized for the purpose in whole or in part, of establishing such a plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The term “employer” means any person acting directly as an employer, or indirectly in the interest of an employer, in relation to an employee benefit plan; and includes a group or association of employers acting for an employer in such capacity.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <content>The term “employee” means any individual employed by an employer.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <content>The term “participant” means any employee or former employee of an employer, or any member or former member of an employee organization, who is or may become eligible to receive a benefit of any type from an employee benefit plan which covers employees of such employer or members of such organization, or whose beneficiaries may be eligible to receive any such benefit.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <content>The term “beneficiary” means a person designated by a participant, or by the terms of an employee benefit plan, who is or may become entitled to a benefit thereunder.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="9">(9)</num> <content>The term “person” means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or employee organization.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="10">(10)</num> <content>The term “State” includes any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, Wake Island, and the Canal Zone. The term “United States” when used in the geographic sense means the States and the Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331–1343).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="11">(11)</num> <content>The term “commerce” means trade, traffic, commerce, transportation, or communication between any State and any place outside thereof.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="12">(12)</num> <content>The term “industry or activity affecting commerce” means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and includes any activity or industry “affecting commerce” within the meaning of the Labor Management Relations Act, 1947, or the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s141">29 USC 141.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s151">45 USC 151.</ref></p></sidenote> Railway Labor Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="13">(13)</num> <content>The term “Secretary” means the Secretary of Labor.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="14">(14)</num> <chapeau>The term “party in interest” means, as to an employee benefit plan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>any fiduciary (including, but not limited to, any administrator, officer, trustee, or custodian), counsel, or employee of such employee benefit plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a person providing services to such plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>an employer any of whose employees are covered by such plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>an employee organization any of whose members are covered by such plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <chapeau>an owner, direct or indirect, of 50 percent or more of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of a corporation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the capital interest or the profits interest of a partnership, or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the beneficial interest of a trust or unincorporated enterprise,</content></clause> <continuation class="indent0 fontsize10">which is an employer or an employee organization described in subparagraph (C) or (D);</continuation></subparagraph> <page identifier="/us/stat/88/835">88 <inline class="smallCaps">Stat.</inline> 835</page> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>a relative (as defined in paragraph (15)) of any individual described in subparagraph (A), (B), (C), or (E);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">(G)</num> <chapeau>a corporation, partnership, or trust or estate of which (or in which) 50 percent or more of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the capital interest or profits interest of such partnership, or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the beneficial interest of such trust or estate,</content></clause> <continuation class="indent0 fontsize10">is owned directly or indirectly, or held by persons described in subparagraph (A), (B), (C), (D), or (E);</continuation></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="H">(H)</num> <content>an employee, officer, director (or an individual having powers or responsibilities similar to those of officers or directors), or a 10 percent or more shareholder directly or indirectly, of a person described in subparagraph (B), (C), (D), (E), or (G), or of the employee benefit plan; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="I">(I)</num> <content>a 10 percent or more (directly or indirectly in capital or profits) partner or joint venture of a person described in subparagraph (B), (C), (D), (E), or (G).</content></subparagraph> <continuation class="indent0 fontsize10">The Secretary, after consultation and coordination with the Secretary of the Treasury, may by regulation prescribe a percentage lower than 50 percent for subparagraph (E) and (G) and lower than 10 percent for subparagraph (H) or (I). The Secretary may prescribe regulations for determining the ownership (direct or indirect) of profits and beneficial interests, and the manner in which indirect stockholdings are taken into account.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="15">(15)</num> <content>The term “relative” means a spouse, ancestor, lineal descendant, or spouse of a lineal descendant.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="16">(16)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">The term “administrator” means—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the person specifically so designated by the terms of the instrument under which the plan is operated;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>if an administrator is not so designated, the plan sponsor; or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>in the case of a plan for which an administrator is not designated and a plan sponsor cannot be identified, such other person as the Secretary may by regulation prescribe.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>The term “plan sponsor” means (i) the employer in the case of an employee benefit plan established or maintained by a single employer, (ii) the employee organization in the case of a plan established or maintained by an employee organization, or (iii) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="17">(17)</num> <content>The term “separate account” means an account established or maintained by an insurance company under which income, gains, and losses, whether or not realized, from assets allocated to such account, are, in accordance with the applicable contract, credited to or charged against such account without regard to other income, gains, or losses of the insurance company.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="18">(18)</num> <content>The term “adequate consideration” when used in part 4 of subtitle B means (A) in the case of a security for which there is a generally recognized market, either (i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934, or (ii) if the security <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s78f">15 USC 78f.</ref></p></sidenote> is not traded on such a national securities exchange, a price not less <page identifier="/us/stat/88/836">88 <inline class="smallCaps">Stat.</inline> 836</page> favorable to the plan than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and (B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of the asset as determined in good faith by the trustee or named fiduciary pursuant to the terms of the plan and in accordance with regulations promulgated by the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="19">(19)</num> <content>The term “nonforfeitable” when used with respect to a pension benefit or right means a claim obtained by a participant or his beneficiary to that part of an immediate or deferred benefit under a pension plan which arises from the participant’s service, which is unconditional, and which is legally enforceable against the plan. For purposes of this paragraph, a right to an accrued benefit derived from employer contributions shall not be treated as forfeitable merely because the plan contains a provision described in section 203(a)(3).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 854.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="20">(20)</num> <content>The term “security” has the same meaning as such term has under section 2(1) of the Securities Act of 1933 (15 U.S.C. 77b(1)).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="21">(21)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Except as otherwise provided in subparagraph (B), a person is a fiduciary with respect to a plan to the extent (i) he exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets, (ii) he renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or (iii) he has any discretionary authority or discretionary responsibility in the administration of such plan. Such term includes any person designated under section 405(c)(1)(B).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 878.</p></sidenote></content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>If any money or other property of an employee benefit plan is invested in securities issued by an investment company registered under the Investment Company Act of 1940, such investment shall not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s80a–51">15 USC 80a–51.</ref></p></sidenote> by itself cause such investment company or such investment company’s investment adviser or principal underwriter to be deemed to be a fiduciary or a party in interest as those terms are defined in this title, except insofar as such investment company or its investment adviser or principal underwriter acts in connection with an employee benefit plan covering employees of the investment company, the investment adviser, or its principal underwriter. Nothing contained in this subparagraph shall limit the duties imposed on such investment company, investment adviser, or principal underwriter by any other law.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="22">(22)</num> <chapeau>The term “normal retirement benefit” means the greater of the early retirement benefit under the plan, or the benefit under the plan commencing at normal retirement age. The normal retirement benefit shall be determined without regard to—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>medical benefits, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>disability benefits not in excess of the qualified disability benefit.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of this paragraph, a qualified disability benefit is a disability benefit provided by a plan which does not exceed the benefit which would be provided for the participant if he separated from the service at normal retirement age. For purposes of this paragraph, the early retirement benefit under a plan shall be determined without regard to any benefit under the plan which the Secretary of the Treasury finds to be a benefit described in section 204(b)(1)(G).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 858.</p></sidenote></continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="23">(23)</num> <chapeau>The term “accrued benefit” means—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in the case of a defined benefit plan, the individual’s accrued benefit determined under the plan and, except as provided <page identifier="/us/stat/88/837">88 <inline class="smallCaps">Stat.</inline> 837</page> in section 204(c)(3), expressed in the form of an annual benefit <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 858.</p></sidenote> commencing at normal retirement age, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of a plan which is an individual account plan, the balance of the individual’s account.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="24">(24)</num> <chapeau>The term “normal retirement age” means the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the time a plan participant attains normal retirement age under the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>the later of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the time a plan participant attains age 65, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the 10th anniversary of the time a plan participant commenced participation in the plan.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="25">(25)</num> <content>The term “vested liabilities” means the present value of the immediate or deferred benefits available at normal retirement age for participants and their beneficiaries which are nonforfeitable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="26">(26)</num> <content>The term “current value” means fair market value where available and otherwise the fair value as determined in good faith by a trustee or a named fiduciary (as defined in section 402(a)(2)) pursuant <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 875.</p></sidenote> to the terms of the plan and in accordance with regulations of the Secretary, assuming an orderly liquidation at the time of such determination.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="27">(27)</num> <content>The term “present value”, with respect to a liability, means the value adjusted to reflect anticipated events. Such adjustments shall conform to such regulations as the Secretary of the Treasury may prescribe.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="28">(28)</num> <content>The term “normal service cost” or “normal cost” means the annual cost of future pension benefits and administrative expenses assigned, under an actuarial cost method, to years subsequent to a particular valuation date of a pension plan. The Secretary of the Treasury <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> may prescribe regulations to carry out this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="29">(29)</num> <content>The term “accrued liability” means the excess of the present value, as of a particular valuation date of a pension plan, of the projected future benefit costs and administrative expenses for all plan participants and beneficiaries over the present value of future contributions for the normal cost of all applicable plan participants and beneficiaries. The Secretary of the Treasury may prescribe regulations <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> to carry out this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="30">(30)</num> <content>The term “unfunded accrued liability” means the excess of the accrued liability, under an actuarial cost method which so provides, over the present value of the assets of a pension plan. The Secretary <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> of the Treasury may prescribe regulations to carry out this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="31">(31)</num> <content>The term “advance funding actuarial cost method” or “actuarial cost method” means a recognized actuarial technique utilized for establishing the amount and incidence of the annual actuarial cost of pension plan benefits and expenses. Acceptable actuarial cost methods shall include the accrued benefit cost method (unit credit method), the entry age normal cost method, the individual level premium cost method, the aggregate cost method, the attained age normal cost method, and the frozen initial liability cost method. The terminal funding cost method and the current funding (pay-as-you-go) cost method are not acceptable actuarial cost methods. The Secretary of <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> the Treasury shall issue regulations to further define acceptable actuarial cost methods.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="32">(32)</num> <content>The term “governmental plan” means a plan established or maintained for its employees by the Government of the United States, by the government of any State or political subdivision thereof, or by any agency or instrumentality of any of the foregoing. The term “governmental plan” also includes any plan to which the Railroad Retirement Act of 1935 or 1937 applies, and which is financed by contributions <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s215/s228a">45 USC 215 note, 228a.</ref></p></sidenote> required under that Act and any plan of an international <page identifier="/us/stat/88/838">88 <inline class="smallCaps">Stat.</inline> 838</page> organization which is exempt from taxation under the provisions of the International Organizations Immunities Act (59 Stat. 669).<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t22/s288">22 USC 288</ref> note.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="33">(33)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The term “church plan” means (i) a plan established and maintained for its employees by a church or by a convention or association of churches which is exempt from tax under section 501 of the Internal Revenue Code of 1954, or (ii) a plan described in subparagraph <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> (C).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>The term “church plan” (notwithstanding the provisions of subparagraph (A)) does not include a plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>which is established and maintained primarily for the benefit of employees (or their beneficiaries) of such church or convention or association of churches who are employed in connection with one or more unrelated trades or businesses (within the meaning of section 513 of the Internal Revenue Code of 1954), or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s513">26 USC 513.</ref></p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>which is a plan maintained by more than one employer, if one or more of the employers in the plan is not a church (or a convention or association of churches) which is exempt from tax under section 501 of the Internal Revenue Code of 1954.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>Notwithstanding the provisions of subparagraph (B)(ii), a plan in existence on January 1, 1974, shall be treated as a “church plan” if it is established and maintained by a church or convention or association of churches for its employees and employees of one or more agencies of such church (or convention or association) for the employees of such church (or convention or association) and the employees of one or more agencies of such church (or convention or association), and if such church (or convention or association) and each such agency is exempt from tax under section 501 of the Internal Revenue Code of 1954. The first sentence of this subparagraph shall not apply to any plan maintained for employees of an agency with respect to which the plan was not maintained on January 1, 1974. The first sentence of this subparagraph shall not apply with respect to any plan for any plan year beginning after December 31, 1982.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="34">(34)</num> <content>The term “individual account plan” or “defined contribution plan” means a pension plan which provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant’s account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to such participant’s account.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="35">(35)</num> <chapeau>The term “defined benefit plan” means a pension plan other than an individual account plan; except that a pension plan which is not an individual account plan and which provides a benefit derived from employer contributions which is based partly on the balance of the separate account of a participant—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>for the purposes of section 202, shall be treated as an individual <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 853.</p></sidenote> account plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>for the purposes of paragraph (23) of this section and section 204, shall be treated as an individual account plan to the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 858.</p></sidenote> extent benefits are based upon the separate account of a participant and as a defined benefit plan with respect to the remaining portion of benefits under the plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="36">(36)</num> <content>The term “excess benefit plan” means a plan maintained by an employer solely for the purpose of providing benefits for certain employees in excess of the limitations on contributions and benefits imposed by section 415 of the Internal Revenue Code of 1954 on plans <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 979.</p></sidenote> to which that section applies, without regard to whether the plan is funded. To the extent that a separable part of a plan (as determined by the Secretary of Labor) maintained by an employer is maintained for such purpose, that part shall be treated as a separate plan which is an excess benefit plan.</content></paragraph> <page identifier="/us/stat/88/839">88 <inline class="smallCaps">Stat.</inline> 839</page> <paragraph class="indent0 fontsize10"><num value="37">(37)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">The term “multiemployer plan” means a plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>to which more than one employer is required to contribute,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>which is maintained pursuant to one or more collective-bargaining agreements between an employee organization and more than one employer,</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>under which the amount of contributions made under the plan for a plan year by each employer making such contributions is less than 50 percent of the aggregate amount of contributions made under the plan for that plan year by all employers making such contributions,</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num><content>under which benefits are payable with respect to each participant without regard to the cessation of contributions by the employer who had employed that participant except to the extent that such benefits accrued as a result of service with the employer before such employer was required to contribute to such plan, and</content></clause> <clause class="indentUp1 fontsize10"><num value="v">(v)</num> <content>which satisfies such other requirements as the Secretary may by regulations prescribe.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>For purposes of this paragraph—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>if a plan is a multiemployer plan within the meaning of subparagraph (A) for any plan year, clause (iii) of subparagraph (A) shall be applied by substituting “75 percent” for “50 percent” for each subsequent plan year until the first plan year following a plan year in which the plan had one employer who made contributions of 75 percent or more of the aggregate amount of contributions made under the plan for that plan year by all employers making such contributions, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>all corporations which are members of a controlled group of corporations (within the meaning of section 1563(a) of the Internal Revenue Code of 1954, determined without regard to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> section 1563(e)(3)(C) of such Code) shall be deemed to be one employer.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="38">(38)</num> <chapeau>The term “investment manager” means any fiduciary (other than a trustee or named fiduciary, as defined in section 402(a)(2))—<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 875.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>who has the power to manage, acquire, or dispose of any asset of a plan;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>who is (i) registered as an investment adviser under the Investment Advisers Act of 1940; (ii) is a bank, as defined in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s80b–20">15 USC 80b–20.</ref></p></sidenote> that Act; or (iii) is an insurance company qualified to perform services described in subparagraph (A) under the laws of more than one State; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>has acknowledged in writing that he is a fiduciary with respect to the plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="39">(39)</num> <content>The terms “plan year” and “fiscal year of the plan” mean with respect to a plan, calendar, policy, or fiscal year on which the records of the plan are kept.</content></paragraph> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coverage</inline></heading> <num value="4"><inline class="smallCaps">Sec.</inline> 4.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as provided in subsection (b) and in sections <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1003">29 USC 1003.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 852, 868 874.</p></sidenote> 201, 301, and 401, this title shall apply to any employee benefit plan if it is established or maintained—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>by any employer engaged in commerce or in any industry or activity affecting commerce; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>by any employee organization or organizations representing employees engaged in commerce or in any industry or activity affecting commerce; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>by both.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The provisions of this title shall not apply to any employee benefit plan if—</chapeau> <page identifier="/us/stat/88/840">88 <inline class="smallCaps">Stat.</inline> 840</page> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>such plan is a governmental plan (as defined in section 3(32));</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>such plan is a church plan (as defined in section 3(33)) with respect to which no election has been made under section 410(d) of the Internal Revenue Code of 1954;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 898.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>such plan is maintained solely for the purpose of complying with applicable workmen’s compensation laws or unemployment compensation or disability insurance laws;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>such plan is maintained outside of the United States primarily for the benefit of persons substantially all of whom are nonresident aliens; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>such plan is an excess benefit plan (as defined in section 3(36)) and is unfunded.</content></paragraph></subsection> </section> </subtitle> <subtitle> <num value="B"><inline class="smallCaps">Subtitle B</inline>—</num><heading><inline class="smallCaps">Regulatory Provisions</inline></heading> <part> <num value="1">Part 1—</num><heading>Reporting and Disclosure</heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">duty of disclosure and reporting</inline></heading> <num value="101"><inline class="smallCaps">Sec.</inline> 101.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The administrator of each employee benefit plan shall <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1021">29 USC 1021.</ref></p></sidenote> cause to be furnished in accordance with section 104(b) to each participant covered under the plan and to each beneficiary who is receiving benefits under the plan—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a summary plan description described in section 102(a)(1); and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the information described in section 104(b)(3) and 105(a) and (c).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The administrator shall, in accordance with section 104(a), file with the Secretary—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the summary plan description described in section 102(a)(1);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a plan description containing the matter required in section 102(b);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>modifications and changes referred to in section 102(a)(2);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>the annual report containing the information required by section 103; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>terminal and supplementary reports as required by subsection (c) of this section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Each administrator of an employee pension benefit plan <sidenote><p class="indent0 firstIndent1 fontsize8">Terminal reports.</p></sidenote> which is winding up its affairs (without regard to the number of participants remaining in the plan) shall, in accordance with regulations prescribed by the Secretary, file such terminal reports as the Secretary may consider necessary. A copy of such report shall also be filed with the Pension Benefit Guaranty Corporation.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The Secretary may require terminal reports to be filed with regard to any employee welfare benefit plan which is winding up its affairs in accordance with regulations promulgated by the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may require that a plan described in paragraph (1) or (2) file a supplementary or terminal report with the annual report in the year such plan is terminated and that a copy of such supplementary or terminal report in the case of a plan described in paragraph (1) be also filed with the Pension Benefit Guaranty Corporation.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <content> <list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For regulations relating to coordination of reports to the Secretaries of Labor and the Treasury, see section 3004.</b></listContent></listItem> </list> </content> </subsection> </section> <page identifier="/us/stat/88/841">88 <inline class="smallCaps">Stat.</inline> 841</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">plan description and summary plan description</inline></heading> <num value="102"><inline class="smallCaps">Sec.</inline> 102.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">A summary plan description of any employee <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1022">29 USC 1022.</ref></p></sidenote> benefit plan shall be furnished to participants and beneficiaries as provided in section 104(b). The summary plan description shall include the information described in subsection (b), shall be written in a manner calculated to be understood by the average plan participant, and shall be sufficiently accurate and comprehensive to reasonably apprise such participants and beneficiaries of their rights and obligations under the plan. A summary of any material modification in the terms of the plan and any change in the information required under subsection (b) shall be written in a manner calculated to be understood by the average plan participant and shall be furnished in accordance with section 104(b)(1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>A plan description (containing the information required by subsection (b)) of any employee benefit plan shall be prepared on forms prescribed by the Secretary, and shall be filed with the Secretary as required by section 104(a)(1). Any material modification in the terms of the plan and any change in the information described in subsection (b) shall be filed in accordance with section 104(a)(1)(D).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The plan description and summary plan description shall contain the following information: The name and type of administration of the plan; the name and address of the person designated as agent for the service of legal process, if such person is not the administrator; the name and address of the administrator; names, titles, and addresses of any trustee or trustees (if they are persons different from the administrator); a description of the relevant provisions of any applicable collective bargaining agreement; the plan’s requirements respecting eligibility for participation and benefits; a description of the provisions providing for nonforfeitable pension benefits; circumstances which may result in disqualification, ineligibility, or denial or loss of benefits; the source of financing of the plan and the identity of any organization through which benefits are provided; the date of the end of the plan year and whether the records of the plan are kept on a calendar, policy, or fiscal year basis; the procedures to be followed in presenting claims for benefits under the plan and the remedies available under the plan for the redress of claims which are denied in whole or in part (including procedures required under section 503 of this Act).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">annual reports</inline></heading> <num value="103"><inline class="smallCaps">Sec.</inline> 103.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">An annual report shall be published with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1023">29 USC 1023.</ref></p></sidenote> respect to every employee benefit plan to which this part applies. Such report shall be filed with the Secretary in accordance with section 104(a), and shall be made available and furnished to participants in accordance with section 104(b).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>The annual report shall include the information described in subsections (b) and (c) and where applicable subsections (d) and (e) and shall also include—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>a financial statement and opinion, as required by paragraph (3) of this subsection, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>an actuarial statement and opinion, as required by paragraph (4) of this subsection.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>If some or all of the information necessary to enable the administrator to comply with the requirements of this title is maintained by—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>an insurance carrier or other organization which provides some or all of the benefits under the plan, or holds assets of the plan in a separate account,</content></subparagraph> <page identifier="/us/stat/88/842">88 <inline class="smallCaps">Stat.</inline> 842</page> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a bank or similar institution which holds some or all of the assets of the plan in a common or collective trust or a separate trust, or custodial account, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>a plan sponsor as defined in section 3(16)(B),</content></subparagraph> <continuation class="indent0 fontsize10">such carrier, organization, bank, institution, or plan sponsor shall transmit and certify the accuracy of such information to the administrator within 120 days after the end of the plan year (or such other date as may be prescribed under regulations of the Secretary).</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Except as provided in subparagraph (C), the administrator <sidenote><p class="indent0 firstIndent1 fontsize8">Financial statements, examination.</p></sidenote> of an employee benefit plan shall engage, on behalf of all plan participants, an independent qualified public accountant, who shall conduct such an examination of any financial statements of the plan, and of other books and records of the plan, as the accountant may deem necessary to enable the accountant to form an opinion as to whether the financial statements and schedules required to be included in the annual report by subsection (b) of this section are presented fairly in conformity with generally accepted accounting principles applied on a basis consistent with that of the preceding year. Such examination shall be conducted in accordance with generally accepted auditing standards, and shall involve such tests of the books and records of the plan as are considered necessary by the independent qualified public accountant. The independent qualified public accountant shall also offer his opinion as to whether the separate schedules specified in subsection (b)(3) of this section and the summary material required under section 104(b)(3) present fairly, and in all material respects the information contained therein when considered in conjunction with the financial statements taken as a whole. The opinion by the independent qualified public accountant shall be made a part of the annual report. In a case where a plan is not required to file an annual report, the requirements of this paragraph shall not apply. In <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> a case where by reason of section 104(a)(2) a plan is required only to file a simplified annual report, the Secretary may waive the requirements of this paragraph.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>In offering his opinion under this section the accountant may rely on the correctness of any actuarial matter certified to by an enrolled actuary, if he so states his reliance.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>The opinion required by subparagraph (A) need not be expressed as to any statements required by subsection (b)(3)(G) prepared by a bank or similar institution or insurance carrier regulated and supervised and subject to periodic examination by a State or Federal agency if such statements are certified by the bank, similar institution, or insurance carrier as accurate and are made a part of the annual report.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <chapeau>For purposes of this title, the term “qualified public accountant” <sidenote><p class="indent0 firstIndent1 fontsize8">“Qualified public accountant.”</p></sidenote> means—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>a person who is a certified public accountant, certified by a regulatory authority of a State;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>a person who is a licensed public accountant, licensed by a regulatory authority of a State; or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>a person certified by the Secretary as a qualified public accountant in accordance with regulations published by him for a person who practices in States where there is no certification or licensing procedure for accountants.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The administrator of an employee pension benefit plan subject <sidenote><p class="indent0 firstIndent1 fontsize8">Enrolled actuary.</p></sidenote> to the reporting requirement of subsection (d) of this section shall engage, on behalf of all plan participants, an enrolled actuary who shall be responsible for the preparation of the materials comprising the actuarial statement required under subsection (d) of this section. In a case where a plan is not required to file an annual report, the <page identifier="/us/stat/88/843">88 <inline class="smallCaps">Stat.</inline> 843</page> requirement of this paragraph shall not apply, and, in a case where by reason of section 104(a)(2), a plan is required only to file a simplified report, the Secretary may waive the requirement of this paragraph.<sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote></content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>The enrolled actuary shall utilize such assumptions and techniques as are necessary to enable him to form an opinion as to whether the contents of the matters reported under subsection (d) of this section—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>are in the aggregate reasonably related to the experience of the plan and to reasonable expectations; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>represent his best estimate of anticipated experience under the plan.</content></clause> <continuation class="indent0 fontsize10">The opinion by the enrolled actuary shall be made with respect to, and shall be made a part of, each annual report.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>For purposes of this title, the term “enrolled actuary” means <sidenote><p class="indent0 firstIndent1 fontsize8">“Enrolled actuary.”</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1002.</p></sidenote> an actuary enrolled under subtitle C of title III of this Act.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>In making a certification under this section the enrolled actuary may rely on the correctness of any accounting matter under section 103(b) as to which any qualified public accountant has expressed an opinion, if he so states his reliance.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>An annual report under this section shall include a financial <sidenote><p class="indent0 firstIndent1 fontsize8">Financial statement.</p></sidenote> statement containing the following information:</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>With respect to an employee welfare benefit plan: a statement of assets and liabilities; a statement of changes in fund balance; and a statement of changes in financial position. In the notes to financial statements, disclosures concerning the following items shall be considered by the accountant: a description of the plan including any significant changes in the plan made during the period and the impact of such changes on benefits; a description of material lease commitments, other commitments, and contingent liabilities; a description of agreements and transactions with persons known to be parties in interest; a general description of priorities upon termination of the plan; information concerning whether or not a tax ruling or determination letter has been obtained; and any other matters necessary to fully and fairly present the financial statements of the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>With respect to an employee pension benefit plan: a statement of assets and liabilities, and a statement of changes in net assets available for plan benefits which shall include details of revenues and expenses and other changes aggregated by general source and application. In the notes to financial statements, disclosures concerning the following items shall be considered by the accountant: a description of the plan including any significant changes in the plan made during the period and the impact of such changes on benefits; the funding policy (including policy with respect to prior service cost), and any changes in such policies during the year; a description of any significant changes in plan benefits made during the period; a description of material lease commitments, other commitments, and contingent liabilities; a description of agreements and transactions with persons known to be parties in interest; a general description of priorities upon termination of the plan; information concerning whether or not a tax ruling or determination letter has been obtained; and any other matters necessary to fully and fairly present the financial statements of such pension plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>With respect to all employee benefit plans, the statement required under paragraph (1) or (2) shall have attached the following information in separate schedules:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a statement of the assets and liabilities of the plan aggregated <sidenote><p class="indent0 firstIndent1 fontsize8">Assets and liabilities.</p></sidenote> by categories and valued at their current value, and the same data displayed in comparative form for the end of the previous fiscal year of the plan;</content></subparagraph> <page identifier="/us/stat/88/844">88 <inline class="smallCaps">Stat.</inline> 844</page> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a statement of receipts and disbursements during the preceding <sidenote><p class="indent0 firstIndent1 fontsize8">Receipts and disbursements.</p></sidenote> twelve-month period aggregated by general sources and applications;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>a schedule of all assets held for investment purposes <sidenote><p class="indent0 firstIndent1 fontsize8">Assets for investment.</p></sidenote> aggregated and identified by issuer, borrower, or lessor, or similar party to the transaction (including a notation as to whether such party is known to be a party in interest), maturity date, rate of interest, collateral, par or maturity value, cost, and current value;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>a schedule of each transaction involving a person known <sidenote><p class="indent0 firstIndent1 fontsize8">Parties in interest, transactions.</p></sidenote> to be party in interest, the identity of such party in interest and his relationship or that of any other party in interest to the plan, a description of each asset to which the transaction relates; the purchase or selling price in case of a sale or purchase, the rental in case of a lease, or the interest rate and maturity date in case of a loan; expenses incurred in connection with the transaction; the cost of the asset, the current value of the asset, and the net gain (or loss) on each transaction;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>a schedule of all loans or fixed income obligations which <sidenote><p class="indent0 firstIndent1 fontsize8">Loans or fixed income obligations in default.</p></sidenote> were in default as of the close of the plan’s fiscal year or were classified during the year as uncollectable and the following information with respect to each loan on such schedule (including a notation as to whether parties involved are known to be parties in interest): the original principal amount of the loan, the amount of principal and interest received during the reporting year, the unpaid balance, the identity and address of the obligor, a detailed description of the loan (including date of making and maturity, interest rate, the type and value of collateral, and other material terms), the amount of principal and interest overdue (if any) and an explanation thereof;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>a list of all leases which were in default or were classified <sidenote><p class="indent0 firstIndent1 fontsize8">Leases in default.</p></sidenote> during the year as uncollectable; and the following information with respect to each lease on such schedule (including a notation as to whether parties involved are known to be parties in interest): the type of property leased (and, in the case of fixed assets such as land, buildings, leasehold, and so forth, the location of the property), the identity of the lessor or lessee from or to whom the plan is leasing, the relationship of such lessors and lessees, if any, to the plan, the employer, employee organization, or any other party in interest, the terms of the lease regarding rent, taxes, insurance, repairs, expenses, and renewal options; the date the leased property was purchased and its cost, the date the property was leased and its approximate value at such date, the gross rental receipts during the reporting period, expenses paid for the leased property during the reporting period, the net receipts from the lease, the amounts in arrears, and a statement as to what steps have been taken to collect amounts due or otherwise remedy the default;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="G">(G)</num> <content>if some or all of the assets of a plan or plans are held in a <sidenote><p class="indent0 firstIndent1 fontsize8">Assets and liabilities.</p></sidenote> common or collective trust maintained by a bank or similar institution or in a separate account maintained by an insurance carrier or a separate trust maintained by a bank as trustee, the report shall include the most recent annual statement of assets and liabilities of such common or collective trust, and in the case of a separate account or a separate trust, such other information as is required by the administrator in order to comply with this subsection; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="H">(H)</num> <chapeau>a schedule of each reportable transaction, the name of each <sidenote><p class="indent0 firstIndent1 fontsize8">Reportable transactions.</p></sidenote> party to the transaction (except that, in the case of an acquisition or sale of a security on the market, the report need not identify <page identifier="/us/stat/88/845">88 <inline class="smallCaps">Stat.</inline> 845</page> the person from whom the security was acquired or to whom it was sold) and a description of each asset to which the transaction applies; the purchase or selling price in case of a sale or purchase, the rental in case of a lease, or the interest rate and maturity date in case of a loan; expenses incurred in connection with the transaction; the cost of the asset, the current value of the asset, and the net gain (or loss) on each transaction. For purposes of the preceding <sidenote><p class="indent0 firstIndent1 fontsize8">“Reportable transaction.”</p></sidenote> sentence, the term “reportable transaction” means a transaction to which the plan is a party if such transaction is—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>a transaction involving an amount in excess of 3 percent of the current value of the assets of the plan;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>any transaction (other than a transaction respecting a security) which is part of a series of transactions with or in conjunction with a person in a plan year, if the aggregate amount of such transactions exceeds 3 percent of the current value of the assets of the plan;</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>a transaction which is part of a series of transactions respecting one or more securities of the same issuer, if the aggregate amount of such transactions in the plan year exceeds 3 percent of the current value of the assets of the plan; or</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>a transaction with or in conjunction with a person respecting a security, if any other transaction with or in conjunction with such person in the plan year respecting a security is required to be reported by reason of clause (i).</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The Secretary may, by regulation, relieve any plan from filing a copy of a statement of assets and liabilities (or other information) described in paragraph (3)(G) if such statement and other information is filed with the Secretary by the bank or insurance carrier which maintains the common or collective trust or separate account.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>The administrator shall furnish as a part of a report under this section the following information:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The number of employees covered by the plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The name and address of each fiduciary.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>Except in the case of a person whose compensation is minimal (determined under regulations of the Secretary) and who performs solely ministerial duties (determined under such regulations), the name of each person (including but not limited to, any consultant, broker, trustee, accountant, insurance carrier, actuary, administrator, investment manager, or custodian who rendered services to the plan or who had transactions with the plan) who received directly or indirectly compensation from the plan during the preceding year for services rendered to the plan or its participants, the amount of such compensation, the nature of his services to the plan or its participants, his relationship to the employer of the employees covered by the plan, or the employee organization, and any other office, position, or employment he holds with any party in interest.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>An explanation of the reason for any change in appointment of trustee, accountant, insurance carrier, enrolled actuary, administrator, investment manager, or custodian.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>Such financial and actuarial information including but not limited to the material described in subsections (b) and (d) of this section as the Secretary may find necessary or appropriate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>With respect to an employee pension benefit plan (other than <sidenote><p class="indent0 firstIndent1 fontsize8">Actuarial statement.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 868.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1014.</p></sidenote> (A) a profit sharing, savings, or other plan, which is an individual account plan, (B) a plan described in section 301(b), or (C) a plan described both in section 4021(b) and in paragraph (1), (2), (3), (4), (5), (6), or (7) of section 301(a)) an annual report under this <page identifier="/us/stat/88/846">88 <inline class="smallCaps">Stat.</inline> 846</page> section for a plan year shall include a complete actuarial statement applicable to the plan year which shall include the following:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The date of the plan year, and the date of the actuarial valuation applicable to the plan year for which the report is filed.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The date and amount of the contribution (or contributions) received by the plan for the plan year for which the report is filed and contributions for prior plan years not previously reported.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The following information applicable to the plan year for which the report is filed: the normal costs, the accrued liabilities, an identification of benefits not included in the calculation; a statement of the other facts and actuarial assumptions and methods used to determine costs, and a justification for any change in actuarial assumptions or cost methods; and the minimum contribution required under section 302.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 869.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>The number of participants and beneficiaries, both retired and nonretired, covered by the plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The current value of the assets accumulated in the plan, and the present value of the assets of the plan used by the actuary in any computation of the amount of contributions to the plan required under section 302 and a statement explaining the basis of such valuation of present value of assets.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>The present value of all of the plan’s liabilities for nonforfeitable pension benefits allocated by the termination priority categories as set forth in section 4044 of this Act, and the actuarial <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p> <p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> assumptions used in these computations. The Secretary shall establish regulations defining (for purposes of this section) “termination priority categories” and acceptable methods, including approximate methods, for allocating the plan’s liabilities to such termination priority categories.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>A certification of the contribution necessary to reduce the accumulated funding deficiency to zero.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <chapeau>A statement by the enrolled actuary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>that to the best of his knowledge the report is complete and accurate, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the requirements of section 302(c)(3) (relating to reasonable actuarial assumptions and methods) have been complied with.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>A copy of the opinion required by subsection (a)(4).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="10">(10)</num> <content>Such other information regarding the plan as the Secretary may by regulation require.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="11">(11)</num> <content>Such other information as may be necessary to fully and fairly disclose the actuarial position of the plan.</content></paragraph> <continuation class="indent0 fontsize10">Such actuary shall make an actuarial valuation of the plan for every third plan year, unless he determines that a more frequent valuation is necessary to support his opinion under subsection (a)(4) of this section.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>If some or all of the benefits under the plan are purchased from <sidenote><p class="indent0 firstIndent1 fontsize8">Insurance company statement.</p></sidenote> and guaranteed by an insurance company, insurance service, or other similar organization, a report under this section shall include a statement from such insurance company, service, or other similar organization covering the plan year and enumerating—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the premium rate or subscription charge and the total premium or subscription charges paid to each such carrier, insurance service, or other similar organization and the approximate number of persons covered by each class of such benefits; and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the total amount of premiums received, the approximate number of persons covered by each class of benefits, and the total claims paid by such company, service, or other organization; dividends or retroactive rate adjustments, commissions, and adminis-<page identifier="/us/stat/88/847">88 <inline class="smallCaps">Stat.</inline> 847</page>trative service or other fees or other specific acquisition costs paid by such company, service, or other organization; any amounts held to provide benefits after retirement; the remainder of such premiums; and the names and addresses of the brokers, agents, or other persons to whom commissions or fees were paid, the amount paid to each, and for what purpose. If any such company, service, or other organization does not maintain separate experience records covering the specific groups it serves, the report shall include in lieu of the information required by the foregoing provisions of this paragraph (A) a statement as to the basis of its premium rate or subscription charge, the total amount of premiums or subscription charges received from the plan, and a copy of the financial report of the company, service, or other organization and (B) if such company, service, or organization incurs specific costs in connection with the acquisition or retention of any particular plan or plans, a detailed statement of such costs.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">filing with secretary and furnishing information to participants</inline></heading> <num value="104"><inline class="smallCaps">Sec.</inline> 104.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">The administrator of any employee benefit plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1024">29 USC 1024.</ref></p></sidenote> subject to this part shall file with the Secretary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the annual report for a plan year within 210 days after the <sidenote><p class="indent0 firstIndent1 fontsize8">Annual report.</p></sidenote> close of such year (or within such time as may be required by regulations promulgated by the Secretary in order to reduce duplicative filing);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the plan description within 120 days after such plan becomes subject to this part and an updated plan description, no more frequently than once every 5 years, as the Secretary may require;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>a copy of the summary plan description at the time such summary plan description is required to be furnished to participants and beneficiaries pursuant to subsection (b)(1)(B) of this section; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>modifications and changes referred to in section 102(a)(2) within 60 days after such modification or change is adopted or occurs, as the case may be.</content></subparagraph> <continuation class="indent0 fontsize10">The Secretary shall make copies of such plan descriptions, summary plan descriptions, and annual reports available for inspection in the public document room of the Department of Labor. The administrator shall also furnish to the Secretary, upon request, any documents relating to the employee benefit plan, including but not limited to the bargaining agreement, trust agreement, contract, or other instrument under which the plan is established or operated.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">With respect to annual reports required to be filed with the Secretary under this part, he may by regulation prescribe simplified annual reports for any pension plan which covers less than 100 participants. In addition, and without limiting the foregoing sentence, the Secretary may waive or modify the requirements of section 103(d)(6) in such cases or categories of cases as to which he finds that (i) the interests of the plan participants are not harmed thereby and (ii) the expense of compliance with the specific requirements of section 103(d)(6) is not justified by the needs of the participants, the Pension Benefit Guaranty Corporation, and the Department of Labor for some portion or all of the information otherwise required under section 103(d)(6).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Nothing contained in this paragraph shall preclude the Secretary from requiring any information or data from any such plan to which this part applies where he finds such data or information is necessary to carry out the purposes of this title nor shall the Secretary <page identifier="/us/stat/88/848">88 <inline class="smallCaps">Stat.</inline> 848</page> be precluded from revoking provisions for simplified reports for any such plan if he finds it necessary to do so in order to carry out the objectives of this title.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The Secretary may by regulation exempt any welfare benefit <sidenote><p class="indent0 firstIndent1 fontsize8">Reporting requirements, exemption.</p></sidenote> plan from all or part of the reporting and disclosure requirements of this title, or may provide for simplified reporting and disclosure if he finds that such requirements are inappropriate as applied to welfare benefit plans.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>The Secretary may reject any filing under this section—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>if he determines that such filing is incomplete for purposes of this part; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if he determines that there is any material qualification by an accountant or actuary contained in an opinion submitted pursuant to section 103(a)(3)(A) or section 103(a)(4)(B).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <chapeau>If the Secretary rejects a filing of a report under paragraph (4) and if a revised filing satisfactory to the Secretary is not submitted within 45 days after the Secretary makes his determination under paragraph (4) to reject the filing, and if the Secretary deems it in the best interest of the participants, he may take any one or more of the following actions—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>retain an independent qualified public accountant (as defined in section 103(a)(3)(D)) on behalf of the participants to perform an audit,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>retain an enrolled actuary (as defined in section 103(a)(4)(C) of this Act) on behalf of the plan participants, to prepare an actuarial statement.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>bring a civil action for such legal or equitable relief as may <sidenote><p class="indent0 firstIndent1 fontsize8">Civil Action.</p></sidenote> be appropriate to enforce the provisions of this part, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>take any other action authorized by this title.</content></subparagraph> <continuation class="indent0 fontsize10">The administrator shall permit such accountant or actuary to inspect whatever books and records of the plan are necessary for such audit. The plan shall be liable to the Secretary for the expenses for such audit or report, and the Secretary may bring an action against the plan in any court of competent jurisdiction to recover such expenses.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Publication of the summary plan descriptions and annual <sidenote><p class="indent0 firstIndent1 fontsize8">Summary plan descriptions and annual reports, publication.</p></sidenote> reports shall be made to participants and beneficiaries of the particular plan as follows:</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <chapeau>The administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, a copy of the summary plan description, and all modifications and changes referred to in section 102(a)(1)—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>within 90 days after he becomes a participant, or (in the case of a beneficiary) within 90 days after he first receives benefits, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if later, within 120 days after the plan becomes subject to this part.</content></subparagraph> <continuation class="indent0 fontsize10">The administrator shall furnish to each participant, and each beneficiary receiving benefits under the plan, every fifth year after the plan becomes subject to this part an updated summary plan description described in section 102 which integrates all plan amendments made within such five-year period, except that in a case where no amendments have been made to a plan during such five-year period this sentence shall not apply. Notwithstanding the foregoing, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan, the summary plan description described in section 102 every tenth year after the plan becomes subject to this part. If there is a modification or change described in section 102(a)(1), a summary description of such modification or change shall be <page identifier="/us/stat/88/849">88 <inline class="smallCaps">Stat.</inline> 849</page> furnished not later than 210 days after the end of the plan year in which the change is adopted to each participant, and to each beneficiary who is receiving benefits under the plan.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The administrator shall make copies of the plan description and the latest annual report and the bargaining agreement, trust agreement, contract, or other instruments under which the plan was established or is operated available for examination by any plan participant or beneficiary in the principal office of the administrator and in such other places as may be necessary to make available all pertinent information to all participants (including such places as the Secretary may prescribe by regulations).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>Within 210 days after the close of the fiscal year of the plan, the administrator shall furnish to each participant, and to each beneficiary receiving benefits under the plan, a copy of the statements and schedules, for such fiscal year, described in subparagraphs (A) and (B) of section 103(b)(3) and such other material as is necessary to fairly summarize the latest annual report.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>The administrator shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary plan description, plan description, and the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies. The Secretary may by regulation prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary may by regulation require that the administrator of any employee benefit plan furnish to each participant and to each beneficiary receiving benefits under the plan a statement of the rights of participants and beneficiaries under this title.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Cross Reference</inline>—</heading> <content><list><listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For regulations respecting coordination of reports to the Secretaries of Labor and the Treasury, see section 3004.</b></listContent></listItem></list></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reporting of participant’s benefit rights</inline></heading> <num value="105"><inline class="smallCaps">Sec.</inline> 105.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Each administrator of an employee pension benefit <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1025">29 USC 1025.</ref></p></sidenote> plan shall furnish to any plan participant or beneficiary who so requests in writing, a statement indicating, on the basis of the latest available information—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the total benefits accrued, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the nonforfeitable pension benefits, if any, which have accrued, or the earliest date on which benefits will become nonforfeitable.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>In no case shall a participant or beneficiary be entitled under this section to receive more than one report described in subsection (a) during any one 12 month period.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>Each administrator required to register under section 6057 of the Internal Revenue Code of 1954 shall, before the expiration of the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 943.</p></sidenote> time prescribed for such registration, furnish to each participant described in subsection (a)(2)(C) of such section, an individual statement setting forth the information with respect to such participant required to be contained in the registration statement required by section 6057(a)(2) of such Code.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Subsection (a) of this section shall apply to a plan to which more than one unaffiliated employer is required to contribute only to the extent provided in regulations prescribed by the Secretary in coordination with the Secretary of the Treasury.</content></subsection> </section> <page identifier="/us/stat/88/850">88 <inline class="smallCaps">Stat.</inline> 850</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reports made public information</inline></heading> <num value="106"><inline class="smallCaps">Sec.</inline> 106.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsection (b), the contents of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1026">29 USC 1026.</ref></p></sidenote> the descriptions, annual reports, statements, and other documents filed with the Secretary pursuant to this part shall be public information and the Secretary shall make any such information and data available for inspection in the public document room of the Department of Labor. The Secretary may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as he may deem appropriate.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Information described in section 105(a) and 105(c) with respect to a participant may be disclosed only to the extent that information respecting that participant’s benefits under title II of the Social Security Act may be disclosed under such Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote></content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">retention of records</inline></heading> <num value="107"><inline class="smallCaps">Sec.</inline> 107.</num> <content>Every person subject to a requirement to file any description <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1027">29 USC 1027.</ref></p></sidenote> or report or to certify any information therefor under this title or who would be subject to such a requirement but for an exemption or simplified reporting requirement under section 104(a)(2) or (3) of this title shall maintain records on the matters of which disclosure is required which will provide in sufficient detail the necessary basic information and data from which the documents thus required may be verified, explained, or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts, and applicable resolutions, and shall keep such records available for examination for a period of not less than six years after the filing date of the documents based on the information which they contain, or six years after the date on which such documents would have been filed but for an exemption or simplified reporting requirement under section 104(a)(2) or (3).</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">reliance on administrative interpretations</inline></heading> <num value="108"><inline class="smallCaps">Sec.</inline> 108.</num> <content>In any criminal proceeding under section 501 based on any <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1028">29 USC 1028.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 891.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 888.</p></sidenote> act or omission in alleged violation of this part or section 412, no person shall be subject to any liability or punishment for or on account of the failure of such person to (1) comply with this part or section 412, if he pleads and proves that the act of omission complained of was in good faith, in conformity with, and in reliance on any regulation or written ruling of the Secretary, or (2) publish and file any information required by any provision of this part if he pleads and proves that he published and filed such information in good faith, and in conformity with any regulation or written ruling of the Secretary issued under this part regarding the filing of such reports. Such a defense, if established, shall be a bar to the action or proceeding, notwithstanding that (A) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the plan description, annual reports, and other reports required by this title, such publication or filing is determined by judicial authority not to be in conformity with the requirements of this part.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">forms</inline></heading> <num value="109"><inline class="smallCaps">Sec.</inline> 109.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsection (b) of this section, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1029">29 USC 1029.</ref></p></sidenote> the Secretary may require that any information required under this title to be submitted to him, including but not limited to the information required to be filed by the administrator pursuant to section <page identifier="/us/stat/88/851">88 <inline class="smallCaps">Stat.</inline> 851</page> 103(b)(3) and (c), must be submitted on such forms as he may prescribe.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>The financial statement and opinion required to be prepared by an independent qualified public accountant pursuant to section 103(a)(3)(A), the actuarial statement required to be prepared by an enrolled actuary pursuant to section 103(a)(4)(A) and the summary plan description required by section 102(a) shall not be required to be submitted on forms.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The Secretary may prescribe the format and content of the summary plan description, the summary of the annual report described in section 104(b)(3) and any other report, statements or documents (other than the bargaining agreement, trust agreement, contract, or other instrument under which the plan is established or operated), which are required to be furnished or made available to plan participants and beneficiaries receiving benefits under the plan.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">alternative methods of compliance</inline></heading> <num value="110"><inline class="smallCaps">Sec.</inline> 110.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary on his own motion or after having <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1030">29 USC 1030.</ref></p></sidenote> received the petition of an administrator may prescribe an alternative method for satisfying any requirement of this part with respect to any pension plan, or class of pension plans, subject to such requirement if he determines—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>that the use of such alternative method is consistent with the purposes of this title and that it provides adequate disclosure to the participants and beneficiaries in the plan, and adequate reporting to the Secretary,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>that the application of such requirement of this part would—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>increase the costs to the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>impose unreasonable administrative burdens with respect to the operation of the plan, having regard to the particular characteristics of the plan or the type of plan involved; and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>that the application of this part would be adverse to the interests of plan participants in the aggregate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>An alternative method may be prescribed under subsection (a) by regulation or otherwise. If an alternative method is prescribed <sidenote><p class="indent0 firstIndent1 fontsize8">Notice and opportunity to present views.</p> <p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> other than by regulation, the Secretary shall provide notice and an opportunity for interested persons to present their views, and shall publish in the Federal Register the provisions of such alternative method.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">repeal and effective date</inline></heading> <num value="111"><inline class="smallCaps">Sec.</inline> 111.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The Welfare and Pension Plans Disclosure Act <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1031">29 USC 1031.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s301">29 USC 301</ref> note.</p></sidenote> is repealed except that such Act shall continue to apply to any conduct and events which occurred before the effective date of this part.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">Section 664 of title 18, United States Code, is amended by striking out “<quotedText>any such plan subject to the provisions of the Welfare and Pension Plans Disclosure Act</quotedText>” and inserting in lieu thereof “<quotedText>any employee benefit plan subject to any provision of title I of the Employee Retirement Income Security Act of 1974</quotedText>”.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">Section 1027 of such title 18 is amended by striking out “<quotedText>Welfare and Pension Plans Disclosure Act</quotedText>” and inserting in lieu thereof “<quotedText>title I of the Employee Retirement Income Security Act of 1974</quotedText>”, and by striking out “<quotedText>Act</quotedText>” each place it appears and inserting in lieu thereof “<quotedText>title</quotedText>”.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>The heading for such section is amended by striking out “<inline class="smallCaps">welfare and pension plans disclosure act</inline>” and inserting in lieu thereof “<inline class="smallCaps">employee retirement income security act of 1974</inline>”.</content></clause> <page identifier="/us/stat/88/852">88 <inline class="smallCaps">Stat.</inline> 852</page> <clause class="indent0 fontsize10"><num value="iii">(iii)</num> <content>The table of sections of chapter 47 of such title 18 is amended by striking out “<quotedText>Welfare and Pension Plans Disclosure Act</quotedText>” in the item relating to section 1027 and inserting in lieu thereof “<quotedText>Employee Retirement Income Security Act of 1974</quotedText>”.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 829.</p></sidenote></content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>Section 1954 of such title 18 is amended by striking out “<quotedText>any plan subject to the provisions of the Welfare and Pension Plans Disclosure Act as amended</quotedText>” and inserting in lieu thereof “<quotedText>any employee welfare benefit plan or employee pension benefit plan, respectively, subject to any provision of title I of the Employee Retirement Income Security Act of 1974</quotedText>”; and by striking out “<quotedText>sections 3(3) and 5(b)(1) and (2) of the Welfare and Pension Plans Disclosure Act, as amended</quotedText>” and inserting in lieu thereof “<quotedText>sections 3(4) and (3)(16) of the Employee Retirement Income Security Act of 1974</quotedText>”.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>Section 211 of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 441) is amended by striking out “<quotedText>Welfare and Pension Plans Disclosure Act</quotedText>” and inserting in lieu thereof “<quotedText>Employee Retirement Income Security Act of 1974</quotedText>”.</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraph (2), this part (including <sidenote><p class="indent0 firstIndent1 fontsize8">Effective date.</p></sidenote> the amendments and repeals made by subsection (a)) shall take effect on January 1, 1975.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the case of a plan which has a plan year which begins before January 1, 1975, and ends after December 31, 1974, the Secretary may postpone by regulation the effective date of the repeal of any provision of the Welfare and Pension Plans Disclosure Act (and of any amendment made by subsection (a)(2)) and the effective date of any provision of this part, until the beginning of the first plan year of such plan which begins after January 1, 1975.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The provisions of this title authorizing the Secretary to promulgate regulations shall take effect on the date of enactment of this Act.</content></subsection> </section> </part> <part> <num value="2"><inline class="smallCaps">Part 2</inline>—</num><heading><inline class="smallCaps">Participation and Vesting</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coverage</inline></heading> <num value="201"><inline class="smallCaps">Sec.</inline> 201.</num> <chapeau>This part shall apply to any employee benefit plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1051">29 USC 1051.</ref></p></sidenote> described in section 4(a) (and not exempted under section 4(b)) other than—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>an employee welfare benefit plan;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <subparagraph class="inline"><num value="A">(A)</num> <content class="inline">a plan established and maintained by a society, order, or association described in section 501(c) (8) or (9) of the Internal Revenue Code of 1954, if no part of the contributions to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> or under such plan are made by employers of participants in such plan, or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>a trust described in section 501(c)(18) of such Code;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>a plan which is established and maintained by a labor organization described in section 501(c)(5) of the Internal Revenue Code of 1954 and which does not at any time after the date of enactment of this Act provide for employer contributions;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>any agreement providing payments to a retired partner or a deceased partner’s successor in interest, as described in section 736 of the Internal Revenue Code of 1954;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s736">26 USC 736.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>an individual retirement account or annuity described in section 408 of the Internal Revenue Code of 1954, or a retirement <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 959.</p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 964.</p></sidenote> bond described in section 409 of such Code; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num><content>an excess benefit plan.</content></paragraph> </section> <page identifier="/us/stat/88/853">88 <inline class="smallCaps">Stat.</inline> 853</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">minimum participation standards</inline></heading> <num value="202"><inline class="smallCaps">Sec.</inline> 202.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">No pension plan may require, as a condition of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1052">29 USC 1052.</ref></p></sidenote> participation in the plan, that an employee complete a period of service with the employer or employers maintaining the plan extending beyond the later of the following dates—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the date on which the employee attains the age of 25; or <sidenote><p class="indent0 firstIndent1 fontsize8">Age and service requirements.</p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the date on which he completes 1 year of service.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">In the case of any plan which provides that after not more than 3 years of service each participant has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable at the time such benefit accrues, clause (ii) of subparagraph (A) shall be applied by substituting “3 years of service” for “1 year of service”.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>In the case of any plan maintained exclusively for employees of an educational institution (as defined in section 170(b)(1)(A)(ii) of the Internal Revenue Code of 1954) by an employer which is <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s170">26 USC 170.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> exempt from tax under section 501(a) of such Code, which provides that each participant having at least 1 year of service has a right to 100 percent of his accrued benefit under the plan which is nonforfeitable at the time such benefit accrues, clause (i) of subparagraph (A) shall be applied by substituting “30” for “25”. This clause shall not apply to any plan to which clause (i) applies.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>No pension plan may exclude from participation (on the basis of age) employees who have attained a specified age, unless—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <chapeau>the plan is a—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>defined benefit plan, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>target benefit plan (as defined under regulations prescribed by the Secretary of the Treasury), and</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such employees begin employment with the employer after they have attained a specified age which is not more than 5 years before the normal retirement age under the plan.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of this section, the term “year of service” <sidenote><p class="indent0 firstIndent1 fontsize8">“Year of service.”</p></sidenote> means a 12-month period during which the employee has not less than 1,000 hours of service. For purposes of this paragraph, computation of any 12-month period shall be made with reference to the date on which the employee’s employment commenced, except that, in accordance with regulations prescribed by the Secretary, such computation may be made by reference to the first day of a plan year in the case of an employee who does not complete 1,000 hours of service during the 12-month period beginning on the date his employment commenced.</content> </subparagraph><subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term “year of service” shall be such period as may be determined under regulations prescribed by the Secretary.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>For purposes of this section, the term “hour of service” means <sidenote><p class="indent0 firstIndent1 fontsize8">“Hour of service.”</p></sidenote> a time of service determined under regulations prescribed by the Secretary.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>For purposes of this section, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> Secretary may prescribe regulations to carry out the purposes of this subparagraph.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>A plan shall be treated as not meeting the requirements of paragraph (1) unless it provides that any employee who has satisfied the minimum age and service requirements specified in such paragraph, and who is otherwise entitled to participate in the plan, commences participation in the plan no later than the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the first day of the first plan year beginning after the date on which such employee satisfied such requirements, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the date 6 months after the date on which he satisfied such requirements,</content></subparagraph> <page identifier="/us/stat/88/854">88 <inline class="smallCaps">Stat.</inline> 854</page> <continuation class="indent0 fontsize10">unless such employee was separated from the service before the date referred to in subparagraph (A) or (B), whichever is applicable.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as otherwise provided in paragraphs (2), (3), and (4), all years of service with the employer or employers maintaining the plan shall be taken into account in computing the period of service for purposes of subsection (a)(1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the case of any employee who has any 1-year break in service (as defined in section 203(b)(3)(A)) under the plan to which the service requirements of clause (i) of subsection (a)(1)(B) apply, if such employee has not satisfied such requirements, service before such break shall not be required to be taken into account.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>In computing an employee’s period of service for purposes of subsection (a)(1) in the case of any participant who has any 1-year break in service (as defined in section 203(b)(3)(A)), service before such break shall not be required to be taken into account under the plan until he has completed a year of service (as defined in subsection (a)(3)) after his return.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>In the case of an employee who does not have any nonforfeitable right to an accrued benefit derived from employer contributions, years of service with the employer or employers maintaining the plan before a break in service shall not be required to be taken into account in computing the period of service for purposes of subsection (a)(1) if the number of consecutive 1-year breaks in service equals or exceeds the aggregate number of such years of service before such break. Such aggregate number of years of service before such break shall be deemed not to include any years of service not required to be taken into account under this paragraph by reason of any prior break in service.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">minimum vesting standards</inline></heading> <num value="203"><inline class="smallCaps">Sec.</inline> 203.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Each pension plan shall provide that an employee’s <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1053">29 USC 1053.</ref></p></sidenote> right to his normal retirement benefit is nonforfeitable upon the attainment of normal retirement age and in addition shall satisfy the requirements of paragraphs (1) and (2) of this subsection.</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>A plan satisfies the requirements of this paragraph if an employee’s rights in his accrued benefit derived from his own contributions are nonforfeitable.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>A plan satisfies the requirements of this paragraph if it satisfies the requirements of subparagraph (A), (B), or (C).</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>A plan satisfies the requirements of this subparagraph if an employee who has at least 10 years of service has a nonforfeitable right to 100 percent of his accrued benefit derived from employer contributions.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num><content>A plan satisfies the requirements of this subparagraph if an employee who has completed at least 5 years of service has a nonforfeitable right to a percentage of his accrued benefit derived from employer contributions which percentage is not less than the percentage determined under the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="text-align:left; vertical-align:bottom">Years of service:</th> <th style="text-align:right; vertical-align:bottom">Nonforfeitable percentage</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">5</td> <td style="text-align:right; vertical-align:bottom">25</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">6</td> <td style="text-align:right; vertical-align:bottom">30</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">7</td> <td style="text-align:right; vertical-align:bottom">35</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">8</td> <td style="text-align:right; vertical-align:bottom">40</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">9</td> <td style="text-align:right; vertical-align:bottom">45</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">10</td> <td style="text-align:right; vertical-align:bottom">50</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">11</td> <td style="text-align:right; vertical-align:bottom">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">12</td> <td style="text-align:right; vertical-align:bottom">70</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">13</td> <td style="text-align:right; vertical-align:bottom">80</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">14</td> <td style="text-align:right; vertical-align:bottom">90</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">15 or more</td> <td style="text-align:right; vertical-align:bottom">100.</td> </tr> </tbody> </table> </content> </subparagraph> <page identifier="/us/stat/88/855">88 <inline class="smallCaps">Stat.</inline> 855</page> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">A plan satisfies the requirements of this subparagraph if a participant who is not separated from the service, who has completed at least 5 years of service, and with respect to whom the sum of his age and years of service equals or exceeds 45, has a nonforfeitable right to a percentage of his accrued benefit derived from employer contributions determined under the following table: <table xmlns="http://www.w3.org/1999/xhtml" width="100%" style="border-collapse:collapse"> <thead> <tr class="header" style="font-size:8pt"> <th style="text-align:left; vertical-align:bottom">If years of service equal or exceed—</th> <th style="text-align:center; vertical-align:bottom">and sum of age and service equals or exceeds—</th> <th style="text-align:right; vertical-align:bottom">then the nonforfeitable percentage is—</th> </tr> </thead> <tbody> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">5</td> <td style="text-align:center; vertical-align:bottom">45</td> <td style="text-align:right; vertical-align:bottom">50</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">6</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">47</td> <td style="text-align:right; vertical-align:bottom">60</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">7</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">49</td> <td style="text-align:right; vertical-align:bottom">70</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">8</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">51</td> <td style="text-align:right; vertical-align:bottom">80</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">9</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">53</td> <td style="text-align:right; vertical-align:bottom">90</td> </tr> <tr> <td style="text-align:left; vertical-align:bottom; text-indent:2em;" leaders="yes">10</td> <td style="text-align:center; vertical-align:bottom" leaders="yes">55</td> <td style="text-align:right; vertical-align:bottom">100.</td> </tr> </tbody> </table> </content> </clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>Notwithstanding clause (i), a plan shall not be treated as satisfying the requirements of this subparagraph unless any participant who has completed at least 10 years of service has a nonforfeitable right to not less than 50 percent of his accrued benefit derived from employer contributions and to not less than an additional 10 percent for each additional year of service thereafter.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that it is not payable if the participant dies (except in the case of a survivor annuity which is payable as provided in section 205).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that the payment of benefits is suspended for such period as the employee is employed, subsequent to the commencement of payment of such benefits—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>in the case of a plan other than a multiemployer plan, by an employer who maintains the plan under which such benefits were being paid; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the case of a multiemployer plan, in the same industry, in the same trade or craft, and the same geographic area covered by the plan, as when such benefits commenced.</content></clause> <continuation class="indent0 fontsize10">The Secretary shall prescribe such regulations as may be necessary to <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> carry out the purposes of this subparagraph, including regulations with respect to the meaning of the term “employed”.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because plan amendments may be given retroactive application as provided in section 302(c)(8).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">A right to an accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that, in the case of a participant who does not have a nonforfeitable right to at least 50 percent of his accrued benefit derived from employer contributions, such accrued benefit may be forfeited on account of the withdrawal by the participant of any amount attributable to the benefit derived from mandatory contributions (as defined in the last sentence of section 204(c)(2)(C)) made by such participant.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>Clause (i) shall not apply to a plan unless the plan provides that any accrued benefit forfeited under a plan provision described in such clause shall be restored upon repayment by the participant of the full amount of the withdrawal described in such clause plus, in the case of a defined benefit plan, interest. Such interest shall be computed on such amount at the rate determined for purposes of section 204(c)(2)(C) (if such subsection applies) on the date of such <page identifier="/us/stat/88/856">88 <inline class="smallCaps">Stat.</inline> 856</page> repayment (computed annually from the date of such withdrawal). In the case of a defined contribution plan the plan provision required under this clause may provide that such repayment must be made before the participant has any 1-year break in service commencing after the withdrawal.</content></clause> <clause class="indent0 fontsize10"><num value="iii">(iii)</num> <content>In the case of accrued benefits derived from employer contributions which accrued before the date of the enactment of this Act, a right to such accrued benefit derived from employer contributions shall not be treated as forfeitable solely because the plan provides that an amount of such accrued benefit may be forfeited on account of the withdrawal by the participant of an amount attributable to the benefit derived from mandatory contributions, made by such participant before the date of the enactment of this Act if such amount forfeited is proportional to such amount withdrawn. This clause shall not apply to any plan to which any mandatory contribution is made after the date of the enactment of this Act. The Secretary of the <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> Treasury shall prescribe such regulations as may be necessary to carry out the purposes of this clause.</content></clause> <clause class="indent0 fontsize10"><num value="iv">(iv)</num> <content>For purposes of this subparagraph, in the case of any class-year plan, a withdrawal of employee contributions shall be treated as a withdrawal of such contributions on a plan year by plan year basis in succeeding order of time.</content></clause> <clause class="indent0 fontsize10"><num value="v">(v)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading> <content><list> <listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For nonforfeitably where the employee has a nonforfeitable right to at least 50 percent of his accrued benefit, see section 206(c).</b></listContent></listItem></list></content></clause></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">In computing the period of service under the plan for purposes of determining the nonforfeitable percentage under subsection (a)(2), all of an employee’s years of service with the employer or employers maintaining the plan shall be taken into account, except that the following may be disregarded:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>years of service before age 22, except that in the case of a plan which does not satisfy subparagraph (A) or (B) of subsection (a)(2), the plan may not disregard any such year of service during which the employee was a participant;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>years of service during a period for which the employee declined to contribute to a plan requiring employee contributions;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>years of service with an employer during any period for which the employer did not maintain the plan or a predecessor plan, defined by the Secretary of the Treasury;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>service not required to be taken into account under paragraph (3);</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>years of service before January 1, 1971, unless the employee has had at least 3 years of service after December 31, 1970; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="F">(F)</num> <content>years of service before this part first applies to the plan if such service would have been disregarded under the rules of the plan with regard to breaks in service, as in effect on the applicable date.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of this section, except as provided in subparagraph <sidenote><p class="indent0 firstIndent1 fontsize8">“Year of service.”</p></sidenote> (C), the term “year of service” means a calendar year, plan year, or other 12-consecutive month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) during which the participant has completed 1,000 hours of service.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For purposes of this section, the term “hour of service” has the <sidenote><p class="indent0 firstIndent1 fontsize8">“Hour of service.”</p></sidenote> meaning provided by section 202(a)(3)(C).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>In the case of any seasonal industry where the customary period of employment is less than 1,000 hours during a calendar year, the term “year of service” shall be such period as determined under regulations of the Secretary.</content></subparagraph> <page identifier="/us/stat/88/857">88 <inline class="smallCaps">Stat.</inline> 857</page> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>For purposes of this section, in the case of any maritime industry, 125 days of service shall be treated as 1,000 hours of service. The <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> Secretary may prescribe regulations to carry out the purposes of this subparagraph.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of this paragraph, the term “1-year break in <sidenote><p class="indent0 firstIndent1 fontsize8">“1-year break in service.”</p></sidenote> service” means a calendar year, plan year, or other 12-consecutive-month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) during which the participant has not completed more than 500 hours of service.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For purposes of paragraph (1), in the case of any employee who has any 1-year break in service, years of service before such break shall not be required to be taken into account until he has completed a year of service after his return.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>For purposes of paragraph (1), in the case of any participant in an individual account plan or an insured defined benefit plan which satisfies the requirements of subsection 204(b)(1)(F) who has any 1-year break in service, years of service after such break shall not be required to be taken into account for purposes of determining the nonforfeitable percentage of his accrued benefit derived from employer contributions which accrued before such break.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>For purposes of paragraph (1), in the case of a participant who, under the plan, does not have any nonforfeitable right to an accrued benefit derived from employer contributions, years of service before any 1-year break in service shall not be required to be taken into account if the number of consecutive 1-year breaks in service equals or exceeds the aggregate number of such years of service prior to such break. Such aggregate number of years of service before such break shall be deemed not to include any years of service not required to be taken into account under this subparagraph by reason of any prior break in service.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <subparagraph class="indentUp2 fontsize8"><num value="A"><b>(A)</b></num> <content><b>For definitions of “accrued benefit” and “normal retirement age”, see sections 3 (23) and (24).</b></content></subparagraph> <subparagraph class="indentUp2 fontsize8"><num value="B"><b>(B)</b></num> <content><b>For effect of certain cash out distributions, see section 204(d)(1).</b></content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">A plan amendment changing any vesting schedule under <sidenote><p class="indent0 firstIndent1 fontsize8">Plan amendment.</p></sidenote> the plan shall be treated as not satisfying the requirements of subsection (a)(2) if the nonforfeitable percentage of the accrued benefit derived from employer contributions (determined as of the later of the date such amendment is adopted, or the date such amendment becomes effective) of any employee who is a participant in the plan is less than such nonforfeitable percentage computed under the plan without regard to such amendment.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>A plan amendment changing any vesting schedule under the plan shall be treated as not satisfying the requirements of subsection (a)(2) unless each participant having not less than 5 years of service is permitted to elect, within a reasonable period after adoption of such amendment, to have his nonforfeitable percentage computed under the plan without regard to such amendment.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Subsection (a) shall not apply to benefits which may not be provided for designated employees in the event of early termination of the plan under provisions of the plan adopted pursuant to regulations prescribed by the Secretary of the Treasury to preclude the discrimination prohibited by section 401(a)(4) of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 938.</p></sidenote></content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>The requirements of subsection (a)(2) shall be deemed to be satisfied in the case of a class year plan if such plan provides that 100 percent of each employee’s right to or derived from the contributions of the employer on his behalf with respect to any plan year are <page identifier="/us/stat/88/858">88 <inline class="smallCaps">Stat.</inline> 858</page> nonforfeitable not later than the end of the 5th plan year following the plan year for which such contributions were made. For purposes <sidenote><p class="indent0 firstIndent1 fontsize8">“Class year plan.”</p></sidenote> of this part, the term “class year plan” means a profit sharing, stock bonus, or money purchase plan which provides for the separate nonforfeitability of employees’ rights to or derived from the contributions for each plan year.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>A pension plan may allow for nonforfeitable benefits after a lesser period and in greater amounts than are required by this part.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">benefit accrual requirements</inline></heading> <num value="204"><inline class="smallCaps">Sec.</inline> 204.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Each pension plan shall satisfy the requirements of <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1054">29 USC 1054.</ref></p></sidenote> subsection (b)(2), and in the case of a defined benefit plan shall also satisfy the requirements of subsection (b)(1).</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">A defined benefit plan satisfies the requirements of this paragraph if the accrued benefit to which each participant is entitled upon his separation from the service is not less than—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>3 percent of the normal retirement benefit to which he would be entitled at the normal retirement age if he commenced participation at the earliest possible entry age under the plan and served continuously until the earlier of age 65 or the normal retirement age specified under the plan, multiplied by</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the number of years (not in excess of 33⅓) of his participation in the plan.</content></clause> <continuation class="indent0 fontsize10">In the case of a plan providing retirement benefits based on compensation during any period, the normal retirement benefit to which a participant would be entitled shall be determined as if he continued to earn annually the average rate of compensation which he earned during consecutive years of service, not in excess of 10, for which his compensation was the highest. For purposes of this supragraph, social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after such current year.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>A defined benefit plan satisfies the requirements of this paragraph of a particular plan year if under the plan the accrued benefit payable at the normal retirement age is equal to the normal retirement benefit and the annual rate at which any individual who is or could be a participant can accrue the retirement benefits payable at normal retirement age under the plan for any later plan year is not more than 133⅓ percent of the annual rate at which he can accrue benefits for any plan year beginning on or after such particular plan year and before such later plan year. For purposes of this subparagraph—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>any amendment to the plan which is in effect for the current year shall be treated as in effect for all other plan years;</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>any change in an accrual rate which does not apply to any individual who is or could be a participant in the current year shall be disregarded;</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>the fact that benefits under the plan may be payable to certain employees before normal retirement age shall be disregarded; and</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after the current year.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>A defined benefit plan satisfies the requirements of this paragraph if the accrued benefit to which any participant is entitled upon <page identifier="/us/stat/88/859">88 <inline class="smallCaps">Stat.</inline> 859</page> his separation from the service is not less than a fraction of the annual benefit commencing at normal retirement age to which he would be entitled under the plan as in effect on the date of his separation if he continued to earn annually until normal retirement age the same rate of compensation upon which his normal retirement benefit would be computed under the plan, determined as if he had attained normal retirement age on the date any such determination is made (but taking into account no more than the 10 years of service immediately preceding his separation from service). Such fraction shall be a fraction, not exceeding 1, the numerator of which is the total number of his years of participation in the plan (as of the date of his separation from the service) and the denominator of which is the total number of years he would have participated in the plan if he separated from the service at the normal retirement age. For purposes of this subparagraph, social security benefits and all other relevant factors used to compute benefits shall be treated as remaining constant as of the current year for all years after such current year.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <chapeau>Subparagraphs (A), (B), and (C) shall not apply with respect to years of participation before the first plan year to which this section applies but a defined benefit plan satisfies the requirements of this subparagraph with respect to such years of participation only if the accrued benefit of any participant with respect to such years of participation is not less than the greater of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>his accrued benefit determined under the plan, as in effect from time to time prior to the date of the enactment of this Act, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>an accrued benefit which is not less than one-half of the accrued benefit to which such participant would have been entitled if subparagraph (A), (B), or (C) applied with respect to such years of participation.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="E">(E)</num> <content>Notwithstanding subparagraphs (A), (B), and (C) of this paragraph, a plan shall not be treated as not satisfying the requirements of this paragraph solely because the accrual of benefits under the plan does not become effective until the employee has two continuous years of service. For purposes of this subparagraph, the term <sidenote><p class="indent0 firstIndent1 fontsize8">“Year of service.”</p></sidenote> “years of service” has the meaning provided by section 202(a)(3)(A).</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="F">(F)</num> <chapeau>Notwithstanding subparagraphs (A), (B), and (C), a defined benefit plan satisfies the requirements of this paragraph if such plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>is funded exclusively by the purchase of insurance contracts, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>satisfies the requirements of paragraphs (2) and (3) of section 301(b) (relating to certain insurance contract plans),</content></clause> <continuation class="indent0 fontsize10">but only if an employee’s accrued benefit as of any applicable date is not less than the cash surrender value his insurance contracts would have on such applicable date if the requirements of paragraphs (4), (5), and (6) of section 301(b) were satisfied.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="G">(G)</num> <chapeau>Notwithstanding the preceding subparagraphs, a defined benefit plan shall be treated as not satisfying the requirements of this paragraph if the participant’s accrued benefit is reduced on account of any increase in his age or service. The preceding sentence shall not apply to benefits under the plan commencing before benefits payable under title II of the Social Security Act which benefits under the <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p></sidenote> plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>do not exceed social security benefits, and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>terminate when such social security benefits commence.</content></clause></subparagraph></paragraph> <page identifier="/us/stat/88/860">88 <inline class="smallCaps">Stat.</inline> 860</page> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>A plan satisfies the requirements of this paragraph if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in the case of a defined benefit plan, the plan requires separate accounting for the portion of each employee’s accrued benefit derived from any voluntary employee contributions permitted under the plan; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of any plan which is not a defined benefit plan, the plan requires separate accounting for each employee’s accrued benefit.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of determining an employee’s accrued benefit, <sidenote><p class="indent0 firstIndent1 fontsize8">“Year of participation.”</p></sidenote> the term “year of participation” means a period of service (beginning at the earliest date on which the employee is a participant in the plan and which is included in a period of service required to be taken into account under section 202(b)) as determined under regulations prescribed by the Secretary which provide for the calculation of such period on any reasonable and consistent basis.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For purposes of this paragraph, except as provided in subparagraph <sidenote><p class="indent0 firstIndent1 fontsize8">Part time employees.</p></sidenote> (C), in the case of any employee whose customary employment is less than full time, the calculation of such employee’s service on any basis which provides less than a ratable portion of the accrued benefit to which he would be entitled under the plan if his customary employment were full time shall not be treated as made on a reasonable and consistent basis.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>For purposes of this paragraph, in the case of any employee <sidenote><p class="indent0 firstIndent1 fontsize8">Service less than 1,000 hours.</p></sidenote> whose service is less than 1,000 hours during any calendar year, plan year or other 12-consecutive-month period designated by the plan (and not prohibited under regulations prescribed by the Secretary) the calculation of his period of service shall not be treated as not made on a reasonable and consistent basis merely because such service is not taken into account.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>In the case of any seasonal industry where the customary <sidenote><p class="indent0 firstIndent1 fontsize8">Seasonal industry.</p></sidenote> period of employment is less than 1,000 hours during a calendar year, the term “year of participation” shall be such period as determined under regulations prescribed by the Secretary.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="E">(E)</num> <content>For purposes of this subsection in the case of any maritime <sidenote><p class="indent0 firstIndent1 fontsize8">Maritime industry.</p></sidenote> industry, 125 days of service shall be treated as a year of participation. The Secretary may prescribe regulations to carry out the purposes of this subparagraph.</content><sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">For purposes of this section and section 203 an employee’s accrued benefit derived from employer contributions as of any applicable date is the excess (if any) of the accrued benefit for such employee as of such applicable date over the accrued benefit derived from contributions made by such employee as of such date.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">In the case of a plan other than a defined benefit plan, the accrued benefit derived from contributions made by an employee as of any applicable date is—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>except as provided in clause (ii), the balance of the employee’s separate account consisting only of his contributions and the income, expenses, gains, and losses attributable thereto, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>if a separate account is not maintained with respect to an employee’s contributions under such a plan, the amount which bears the same ratio to his total accrued benefit as the total amount of the employee’s contributions (less withdrawals) bears to the sum of such contributions and the contributions made on his behalf by the employer (less withdrawals).</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num><clause class="inline"><num value="i">(i)</num> <content class="inline">In the case of a defined benefit plan providing an annual benefit in the form of a single life annuity (without ancillary benefits) commencing at normal retirement age, the accrued benefit derived from contributions made by an employee as of any applicable date is the <page identifier="/us/stat/88/861">88 <inline class="smallCaps">Stat.</inline> 861</page> annual benefit equal to the employee’s accumulated contributions multiplied by the appropriate conversion factor.</content></clause> <clause class="indent0 fontsize10"><num value="ii">(ii)</num> <content>For purposes of clause (i), the term “appropriate conversion <sidenote><p class="indent0 firstIndent1 fontsize8">“Appropriate conversion factor.”</p></sidenote> factor” means the factor necessary to convert an amount equal to the accumulated contributions to a single life annuity (without ancillary benefits) commencing at normal retirement age and shall be 10 percent for a normal retirement age of 65 years. For other normal retirement ages the conversion factor shall be determined in accordance with regulations prescribed by the Secretary of the Treasury or his delegate.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <chapeau>For purposes of this subsection, the term “accumulated contributions” <sidenote><p class="indent0 firstIndent1 fontsize8">“Accumulated contributions.”</p></sidenote> means the total of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>all mandatory contributions made by the employee,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>interest (if any) under the plan to the end of the last plan year to which section 203(a)(2) does not apply (by reason of the applicable effective date), and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>interest on the sum of the amounts determined under clauses (i) and (ii) compounded annually at the rate of 5 percent per annum from the beginning of the first plan year to which section 203(a)(2) applies (by reason of the applicable effective date) to the date upon which the employee would attain normal retirement age.</content></clause> <continuation class="indent0 fontsize10">For purposes of this subparagraph, the term “mandatory contributions” <sidenote><p class="indent0 firstIndent1 fontsize8">“Mandatory contributions.”</p></sidenote> means amounts contributed to the plan by the employee which are required as a condition of employment, as a condition of participation in such plan, or as a condition of obtaining benefits under the plan attributable to employer contributions.</continuation></subparagraph> <subparagraph class="indent0 fontsize10"><num value="D">(D)</num> <content>The Secretary of the Treasury is authorized to adjust by regulation <sidenote><p class="indent0 firstIndent1 fontsize8">Conversion factor, adjustment.</p></sidenote> the conversion factor described in subparagraph (B), the rate of interest described in clause (iii) of subparagraph (C), or both, from time to time as he may deem necessary. The rate of interest shall bear the relationship to 5 percent which the Secretary of the Treasury determines to be comparable to the relationship which the long-term money rates and investment yields for the last period of 10 calendar years ending at least 12 months before the beginning of the plan year bear to the long-term money rates and investment yields for the 10-calendar year period 1964 through 1973. No such adjustment shall be effective for a plan year beginning before the expiration of 1 year after such adjustment is determined and published.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="E">(E)</num> <chapeau>The accrued benefit derived from employee contributions shall <sidenote><p class="indent0 firstIndent1 fontsize8">Accrued benefit, limitation.</p></sidenote> not exceed the greater of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the employee’s accrued benefit under the plan, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the accrued benefit derived from employee contributions determined as though the amounts calculated under clauses (ii) and (iii) of subparagraph (C) were zero.</content></clause></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>For purposes of this section, in the case of any defined benefit plan, if an employee’s accrued benefit is to be determined as an amount other than an annual benefit commencing at normal retirement age, or if the accrued benefit derived from contributions made by an employee is to be determined with respect to a benefit other than an annual benefit in the form of a single life annuity (without ancillary benefits) commencing at normal retirement age, the employee’s accrued benefit, or the accrued benefits derived from contributions made by an employee, as the case may be, shall be the actuarial equivalent of such benefit or amount determined under paragraph (1) or (2).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <content>In the case of a defined benefit plan which permits voluntary employee contributions, the portion of an employee’s accrued benefit derived from such contributions shall be treated as an accrued benefit derived from employee contributions under a plan other than a defined benefit plan.</content></paragraph></subsection> <page identifier="/us/stat/88/862">88 <inline class="smallCaps">Stat.</inline> 862</page> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Notwithstanding section 203(b)(1), for purposes of determining the employee’s accrued benefit under the plan, the plan may disregard service performed by the employee with respect to which he has received—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a distribution of the present value of his entire nonforfeitable benefit if such distribution was in an amount (not more than $1,750) permitted under regulations prescribed by the Secretary of the Treasury, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a distribution of the present value of his nonforfeitable benefit attributable to such service which he elected to receive.</content></paragraph> <continuation class="firstIndent1 fontsize10">Paragraph (1) shall apply only if such distribution was made on termination of the employee’s participation in the plan. Paragraph (2) shall apply only if such distribution was made on termination of the employee’s participation in the plan or under such other circumstances as may be provided under regulations prescribed by the Secretary of the Treasury.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>For purposes of determining the employee’s accrued benefit, the plan shall not disregard service as provided in subsection (d) unless the plan provides an opportunity for the participant to repay the full amount of a distribution described in subsection (d) with, in the case of a defined benefit plan, interest at the rate determined for purposes of subsection (c)(2)(C) and provides that upon such repayment the employee’s accrued benefit shall be recomputed by taking into account service so disregarded. This subsection shall apply only in the case of a participant who—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>received such a distribution in any plan year to which this section applies, which distribution was less than the present value of his accrued benefit,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>resumes employment covered under the plan, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>repays the full amount of such distribution with, in the case of a defined benefit plan, interest at the rate determined for purposes of subsection (c)(2)(C).</content></paragraph> <continuation class="indent0 fontsize10">In the case of a defined contribution plan, the plan provision required under this subsection may provide that such repayment must be made before the participant has any 1-year break in service commencing after such withdrawal.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <content>For the purposes of this part, an employer shall be treated as maintaining a plan if any employee of such employer accrues benefits under such plan by reason of service with such employer.</content></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <content>The accrued benefit of a participant under a plan may not be decreased by an amendment of the plan, other than an amendment described in section 302(c)(8).</content></subsection> <subsection class="indent0 fontsize10"><num value="h">(h)</num><heading><inline class="smallCaps">Cross Reference.</inline></heading> <content><list><listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For special rules relating to class year plans and plan provisions adopted to preclude discrimination, see sections 203(c)(2) and (3).</b></listContent></listItem></list></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">joint and survivor annuity requirement</inline></heading> <num value="205"><inline class="smallCaps">Sec.</inline> 205.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">If a pension plan provides for the payment of benefits <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1055">29 USC 1055.</ref></p></sidenote> in the form of an annuity, such plan shall provide for the payment of annuity benefits in a form having the effect of a qualified joint and survivor annuity.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>In the case of a plan which provides for the payment of benefits before the normal retirement age as defined in section 3(24), the plan is not required to provide for the payment of annuity benefits in a form having the effect of a qualified joint and survivor annuity during the period beginning on the date on which the employee enters into the plan as a participant and ending on the later of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the date the employee reaches the earliest retirement age, or</content></paragraph> <page identifier="/us/stat/88/863">88 <inline class="smallCaps">Stat.</inline> 863</page> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the first day of the 120th month beginning before the date on which the employee reaches normal retirement age.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">A plan described in subsection (b) does not meet the requirements of subsection (a) unless, under the plan, a participant has a reasonable period in which he may elect the qualified joint and survivor annuity form with respect to the period beginning on the date on which the period described in subsection (b) ends and ending on the date on which he reaches normal retirement age if he continues his employment during that period.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>A plan does not meet the requirements of this subsection unless, in the case of such election, the payments under the survivor annuity are not less than the payments which would have been made under the joint annuity to which the participant would have been entitled if he had made an election under this subsection immediately prior to his retirement and if his retirement had occurred on the date immediately preceding the date of his death and within the period within which an election can be made.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>A plan shall not be treated as not satisfying the requirements of this section solely because the spouse of the participant is not entitled to receive a survivor annuity (whether or not an election has been made under subsection (c)) unless the participant and his spouse have been married throughout the 1-year period ending on the date of such participant’s death.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>A plan shall not be treated as satisfying the requirements of this section unless, under the plan, each participant has a reasonable period (as prescribed by the Secretary of the Treasury by regulations) before the annuity starting date during which he may elect in writing (after having received a written explanation of the terms and conditions of the joint and survivor annuity and the effect of an election under this subsection) not to take such joint and survivor annuity.</content></subsection> <subsection class="indent0 fontsize10"><num value="f">(f)</num> <chapeau>A plan shall not be treated as not satisfying the requirements of this section solely because, under the plan there is a provision that any election under subsection (c) or (e), and any revocation of any such election, does not become effective (or ceases to be effective) if the participant dies within a period (not in excess of 2 years) beginning on the date of such election or revocation, as the case may be. The preceding sentence does not apply unless the plan provision described in the preceding sentence also provides that such an election or revocation will be given effect in any case in which—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the participant dies from accidental causes,</content></paragraph> <paragraph class="indentUp1 fontsize10"> <num value="2">(2)</num> <content>a failure to give effect to the election or revocation would deprive the participant’s survivor of a survivor annuity, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>such election or revocation is made before such accident occurred.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="g">(g)</num> <chapeau>For purposes of this section:<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The term “annuity starting date” means the first day of the first period for which an amount is received as an annuity (whether by reason of retirement or by reason of disability).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “earliest retirement age” means the earliest date on which, under the plan, the participant could elect to receive retirement benefits.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The term “qualified joint and survivor annuity” means an annuity for the life of the participant with a survivor annuity for the life of his spouse which is not less than one-half of, or greater than, the amount of the annuity payable during the joint lives of the participant and his spouse and which is the actuarial equivalent of a single annuity for the life of the participant.</content></paragraph></subsection> <page identifier="/us/stat/88/864">88 <inline class="smallCaps">Stat.</inline> 864</page> <subsection class="indent0 fontsize10"><num value="h">(h)</num> <content>For the purposes of this section, a plan may take into account in any equitable fashion (as determined by the Secretary of the Treasury) any increased costs resulting from providing joint and survivor annuity benefits under an election made under subsection (c).</content></subsection> <subsection class="indent0 fontsize10"><num value="i">(i)</num> <chapeau>This section shall apply only if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the annuity starting date did not occur before the effective date of this section, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the participant was an active participant in the plan on or after such effective date.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">other provisions relating to form and payment of benefits</inline></heading> <num value="206"><inline class="smallCaps">Sec.</inline> 206.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Each pension plan shall provide that unless the participant <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1056">29 USC 1056.</ref></p></sidenote> otherwise elects, the payment of benefits under the plan to the participant shall begin not later than the 60th day after the latest of the close of the plan year in which—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the date on which the participant attains the earlier of age 65 or the normal retirement age specified under the plan,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>occurs the 10th anniversary of the year in which the participant commenced participation in the plan, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the participant terminates his service with the employer.</content></paragraph> <continuation class="indent0 fontsize10">In the case of a plan which provides for the payment of an early retirement benefit, such plan shall provide that a participant who satisfied the service requirements for such early retirement benefit, but separated from the service (with any nonforfeitable right to an accrued benefit) before satisfying the age requirement for such early retirement benefit, is entitled upon satisfaction of such age requirement to receive a benefit not less than the benefit to which he would be entitled at the normal retirement age, actuarially reduced under regulations prescribed by the Secretary of the Treasury.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>If—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a participant or beneficiary is receiving benefits under a pension plan, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a participant is separated from the service and has nonforfeitable rights to benefits,</content></paragraph> <continuation class="indent0 fontsize10">a plan may not decrease benefits of such a participant by reason of any increase in the benefit levels payable under title II of the Social Security Act or the Railroad Retirement Act of 1937, or any increase <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s401">42 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t45/s228a">45 USC 228a.</ref></p></sidenote> in the wage base under such title II, if such increase takes place after the date of the enactment of this Act or (if later) the earlier of the date of first entitlement of such benefits or the date of such separation.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>No pension plan may provide that any part of a participant’s accrued benefit derived from employer contributions (whether or not otherwise nonforfeitable) is forfeitable solely because of withdrawal by such participant of any amount attributable to the benefit derived from contributions made by such participant. The preceding sentence shall not apply (1) to the accrued benefit of any participant unless, at the time of such withdrawal, such participant has a nonforfeitable right to at least 50 percent of such accrued benefit, or (2) to the extent that an accrued benefit is permitted to be forfeited in accordance with section 203(a)(3)(D)(iii).</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Each pension plan shall provide that benefits provided under the plan may not be assigned or alienated.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For the purposes of paragraph (1) of this subsection, there shall not be taken into account any voluntary and revocable assignment of not to exceed 10 percent of any benefit payment, or of any irrevocable assignment or alienation of benefits executed before the <page identifier="/us/stat/88/865">88 <inline class="smallCaps">Stat.</inline> 865</page> date of enactment of this Act. The preceding sentence shall not apply to any assignment or alienation made for the purposes of defraying plan administration costs. For purposes of this paragraph a loan made to a participant or beneficiary shall not be treated as an assignment or alienation if such loan is secured by the participant’s accrued nonforfeitable benefit and is exempt from the tax imposed by section 4975 of the Internal Revenue Code of 1954 (relating to tax on prohibited <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote> transactions) by reason of section 4975(d)(1) of such Code.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">temporary variances from certain vesting requirements</inline></heading> <num value="207"><inline class="smallCaps">Sec.</inline> 207.</num> <chapeau>In the case of any plan maintained on January 1, 1974, if, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1057">29 USC 1057.</ref></p></sidenote> not later than 2 years after the date of enactment of this Act, the administrator petitions the Secretary, the Secretary may prescribe an alternate method which shall be treated as satisfying the requirements of section 203(a)(2) or 204(b)(1) (other than subparagraph (D) thereof) or both for a period of not more than 4 years. The Secretary may prescribe such alternate method only when he finds that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the application of such requirements would increase the costs of the plan to such an extent that there would result a substantial risk to the voluntary continuation of the plan or a substantial curtailment of benefit levels or the levels of employees’ compensation,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>the application of such requirements or discontinuance of the plan would be adverse to the interests of plan participants in the aggregate, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>a waiver or extension of time granted under section 303 or 304 of this Act would be inadequate.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 872, 873.</p></sidenote></content></paragraph> <continuation class="indent0 fontsize10">In the case of any plan with respect to which an alternate method has been prescribed under the preceding provisions of this subsection for a period of not more than 4 years, if, not later than 1 year before the expiration of such period, the administrator petitions the Secretary for an extension of such alternate method, and the Secretary makes the findings required by the preceding sentence, such alternate method may be extended for not more than 3 years.</continuation> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">Mergers and Consolidations of Plans or Transfers of Plan Assets</inline></heading> <num value="208"><inline class="smallCaps">Sec.</inline> 208.</num> <content>A pension plan may not merge or consolidate with, or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1058">29 USC 1058.</ref></p></sidenote> transfer its assets or liabilities to, any other plan after the date of the enactment of this Act, unless each participant in the plan would (if the plan then terminated) receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit he would have been entitled to receive immediately before the merger, consolidation, or transfer (if the plan had then terminated). This paragraph shall apply in the case of a multiemployer plan only to the extent determined by the Pension Benefit Guaranty Corporation.</content> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">recordkeeping and reporting requirements</inline></heading> <num value="209"><inline class="smallCaps">Sec.</inline> 209.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Except as provided by paragraph (2) every <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1059">29 USC 1059.</ref></p></sidenote> employer shall, in accordance with regulations prescribed by the Secretary, maintain records with respect to each of his employees sufficient to determine the benefits due or which may become due to such employees. The plan administrator shall make a report, in such manner and at such time as may be provided in regulations prescribed by the <page identifier="/us/stat/88/866">88 <inline class="smallCaps">Stat.</inline> 866</page> Secretary, to each employee who is a participant under the plan and who—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>requests such report, in such manner and at such time as may be provided in such regulations,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>terminates his service with the employer, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>has a 1-year break in service (as defined in section 203 (b)(3)(A)).</content></subparagraph> <continuation class="indent0 fontsize10">The employer shall furnish to the plan administrator the information necessary for the administrator to make the reports required by the preceding sentence. Not more than one report shall be required under subparagraph (A) in any 12-month period. Not more than one report shall be required under subparagraph (C) with respect to consecutive 1-year breaks in service. The report required under this paragraph shall be sufficient to inform the employee of his accrued benefits under the plan and the percentage of such benefits which are nonforfeitable under the plan.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>If more than one employer adopts a plan, each such employer shall, in accordance with regulations prescribed by the Secretary, furnish to the plan administrator the information necessary for the administrator to maintain the records and make the reports required by paragraph (1). Such administrator shall maintain the records and, to the extent provided under regulations prescribed by the Secretary, make the reports, required by paragraph (1).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>If any person who is required, under subsection (a), to furnish <sidenote><p class="indent0 firstIndent1 fontsize8">Noncompliance, penalty.</p></sidenote> information or maintain records for any plan year fails to comply with such requirement, he shall pay to the Secretary a civil penalty of $10 for each employee with respect to whom such failure occurs, unless it is shown that such failure is due to reasonable cause.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">plans maintained by more than one employer, predecessor plans, and employer groups</inline></heading> <num value="210"><inline class="smallCaps">Sec.</inline> 210.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Notwithstanding any other provision of this part or <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1060">29 USC 1060.</ref></p></sidenote> part 3, the following provisions of this subsection shall apply to a plan maintained by more than one employer:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Section 202 shall be applied as if all employees of each of the employers were employed by a single employer.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Sections 203 and 204 shall be applied as if all such employers constituted a single employer, except that the application of any rules with respect to breaks in service shall be made under regulations prescribed by the Secretary.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>The minimum funding standard provided by section 302 shall be determined as if all participants in the plan were employed by a single employer.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of this part and part 3—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>in any case in which the employer maintains a plan of a predecessor employer, service for such predecessor shall be treated as service for the employer, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in any case in which the employer maintains a plan which is not the plan maintained by a predecessor employer, service for such predecessor shall, to the extent provided in regulations prescribed by the Secretary of the Treasury, be treated as service for the employer.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>For purposes of sections 202, 203, and 204, all employees of all corporations which are members of a controlled group of corporations (within the meaning of section 1563(a) of the Internal Revenue Code of 1954, determined without regard to section 1563(a)(4) and (e)(3)(C) <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> of such code) shall be treated as employed by a single employer. <page identifier="/us/stat/88/867">88 <inline class="smallCaps">Stat.</inline> 867</page> With respect to a plan adopted by more than one such corporation, the minimum funding standard of section 302 shall be determined as if all such employers were a single employer, and allocated to each employer in accordance with regulations prescribed by the Secretary of the Treasury.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>For purposes of sections 202, 203, and 204, under regulations prescribed by the Secretary of the Treasury, all employees of trades or businesses (whether or not incorporated) which are under common control shall be treated as employed by a single employer. The regulations prescribed under this subsection shall be based on principles similar to the principles which apply in the case of subsection (c).</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective dates</inline></heading> <num value="211"><inline class="smallCaps">Sec.</inline> 211.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as otherwise provided in this section, this part <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1061">29 USC 1061.</ref></p></sidenote> shall apply in the case of plan years beginning after the date of the enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as otherwise provided in subsection (d), sections 205, 206(d), and 208 shall apply with respect to plan years beginning after December 31, 1975.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Except as otherwise provided in subsections (c) and (d) in the case of a plan in existence on January 1, 1974, this part shall apply in the case of plan years beginning after December 31, 1975.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements between employee organizations and one or more employers, no plan shall be treated as not meeting the requirements of sections 204 and 205 solely by reason of a supplementary or special plan provision (within the meaning of paragraph (2)) for any plan year before the year which begins after the earlier of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the date on which the last of such agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>December 31, 1980.</content></subparagraph> <continuation class="indent0 fontsize10">For purposes of subparagraph (A) and section 306(c), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement contained in this Act or the Internal Revenue Code of 1954 <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1">26 USC 1</ref> <i>et seq.</i></p></sidenote> shall not be treated as a termination of such collective bargaining agreement. This paragraph shall not apply unless the Secretary determines that the participation and vesting rules in effect on the date of enactment of this Act are not less favorable to participants, in the aggregate, than the rules provided under sections 202, 203, and 204.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>For purposes of paragraph (1), the term “supplementary or <sidenote><p class="indent0 firstIndent1 fontsize8">“Supplementary or special plan provision.”</p></sidenote> special plan provision” means any plan provision which—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>provides supplementary benefits, not in excess of one-third of the basic benefit, in the form of an annuity for the life of the participant, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>provides that, under a contractual agreement based on medical evidence as to the effects of working in an adverse environment for an extended period of time, a participant having 25 years of service is to be treated as having 30 years of service.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>This subsection shall apply with respect to a plan if (and only if) the application of this subsection results in a later effective date for this part than the effective date required by subsection (b).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>If the administrator of a plan elects under section 1017(d) of this Act to make applicable to a plan year and to all subsequent plan <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 932.</p></sidenote> years the provisions of the Internal Revenue Code of 1954 relating to <page identifier="/us/stat/88/868">88 <inline class="smallCaps">Stat.</inline> 868</page> participation, vesting, funding, and form of benefit, this part shall apply to the first plan year to which such election applies and to all subsequent plan years.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">No pension plan to which section 202 applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which section 202 first becomes effective with respect to such plan) which provides that any employee’s participation in the plan would commence at any date later than the later of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the date on which his participation would commence under the break in service rules of section 202(b), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the date on which his participation would commence under the plan as in effect on January 1, 1974.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>No pension plan to which section 203 applies may make effective any plan amendment with respect to breaks in service (which amendment is made or becomes effective after January 1, 1974, and before the date on which section 203 first becomes effective with respect to such plan) if such amendment provides that the nonforfeitable benefit derived from employer contributions to which any employee would be entitled is less than the lesser of the nonforfeitable benefit derived from employer contributions to which he would be entitled under—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the break in service rules of section 202(b)(3), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the plan as in effect on January 1, 1974.</content></subparagraph> <continuation class="indent0 fontsize10">Subparagraph (B) shall not apply if the break in service rules under the plan would have been in violation of any law or rule of law in effect on January 1, 1974.</continuation></paragraph></subsection> </section> </part> <part><num value="3"><inline class="smallCaps">Part 3</inline>—</num><heading><inline class="smallCaps">Funding</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coverage</inline></heading> <num value="301"><inline class="smallCaps">Sec.</inline> 301.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">This part shall apply to any employee pension benefit <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1081">29 USC 1081.</ref></p></sidenote> plan described in section 4(a), (and not exempted under section 4(b)), other than—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>an employee welfare benefit plan;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>an insurance contract plan described in subsection (b);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">a plan which is established and maintained by a society, order, or association described in section 501(c) (8) or (9) of the Internal Revenue Code of 1954, if no part of the contributions to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> or under such plan are made by employers of participants in such plan; or</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>a trust described in section 501(c)(18) of such Code;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>a plan which has not at any time after the date of enactment of this Act provided for employer contributions;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>an agreement providing payments to a retired partner or deceased partner or a deceased partner’s successor in interest as described in section 736 of the Internal Revenue Code of 1954;<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s736">26 USC 736.</ref></p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>an individual retirement account or annuity as described in section 408(a) of the Internal Revenue Code of 1954, or a retirement bond described in section 409 of such Code;<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 959.</p></sidenote></content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>an individual account plan (other than a money purchase plan) and a defined benefit plan to the extent it is treated as an individual account plan (other than a money purchase plan) under section 3(35)(B) of this title; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>an excess benefit plan.</content></paragraph></subsection> <page identifier="/us/stat/88/869">88 <inline class="smallCaps">Stat.</inline> 869</page> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For the purposes of paragraph (2) of subsection (a) a plan is <sidenote><p class="indent0 firstIndent1 fontsize8">“Insurance contract plan.”</p></sidenote> an “insurance contract plan” if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the plan is funded exclusively by the purchase of individual insurance contracts,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>such contracts provide for level annual premium payments to be paid extending not later than the retirement age for each individual participating in the plan, and commencing with the date the individual became a participant in the plan (or, in the case of an increase in benefits, commencing at the time such increase becomes effective),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>benefits provided by the plan are equal to the benefits provided under each contract at normal retirement age under the plan and are guaranteed by an insurance carrier (licensed under the laws of a State to do business with the plan) to the extent premiums have been paid,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>premiums payable for the plan year, and all prior plan years under such contracts have been paid before lapse or there is reinstatement of the policy,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>no rights under such contracts have been subject to a security interest at any time during the plan year, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <content>no policy loans are outstanding at any time during the plan year.</content></paragraph> <continuation class="indent0 fontsize10">A plan funded exclusively by the purchase of group insurance contracts which is determined under regulations prescribed by the Secretary of the Treasury to have the same characteristics as contracts described in the preceding sentence shall be treated as a plan described in this subsection.</continuation></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">minimum funding standards</inline></heading> <num value="302"><inline class="smallCaps">Sec.</inline> 302.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Every employee pension benefit plan subject to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1082">29 USC 1082.</ref></p></sidenote> this part shall satisfy the minimum funding standard (or the alternative minimum funding standard under section 305) for any plan year to which this part applies. A plan to which this part applies shall have satisfied the minimum funding standard for such plan for a plan year if as of the end of such plan year the plan does not have an accumulated funding deficiency.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For the purposes of this part, the term “accumulated funding <sidenote><p class="indent0 firstIndent1 fontsize8">“Accumulated funding deficiency.”</p></sidenote> deficiency” means for any plan the excess of the total charges to the funding standard account for all plan years (beginning with the first plan year to which this part applies) over the total credits to such account for such years or, if less, the excess of the total charges to the alternative minimum funding standard account for such plan years over the total credits to such account for such years.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Each plan to which this part applies shall establish and <sidenote><p class="indent0 firstIndent1 fontsize8">Funding standard account.</p></sidenote> maintain a funding standard account. Such account shall be credited and charged solely as provided in this section.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>For a plan year, the funding standard account shall be charged with the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the normal cost of the plan for the plan year,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>the amounts necessary to amortize in equal annual installments (until fully amortized)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>in the case of a plan in existence on January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which this part applies, over a period of 40 plan years,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>in the case of a plan which comes into existence after January 1, 1974, the unfunded past service liability under the plan on the first day of the first plan year to which this <page identifier="/us/stat/88/870">88 <inline class="smallCaps">Stat.</inline> 870</page> part applies, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>separately, with respect to each plan year, the net increase (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="iv">(iv)</num> <content>separately, with respect to each plan year, the net experience loss (if any) under the plan, over a period of 15 plan years (20 plan years in the case of a multiemployer plan), and</content></clause> <clause class="indentUp1 fontsize10"><num value="v">(v)</num> <content>separately, with respect to each plan year, the net loss (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 30 plan years,</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the amount necessary to amortize each waived funding deficiency (within the meaning of section 303 (c)) for each prior plan year in equal annual installments (until fully amortized) over a period of 15 plan years, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>the amount necessary to amortize in equal annual installments (until fully amortized) over a period of 5 plan years any amount credited to the funding standard account under paragraph (3)(D).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <chapeau>For a plan year, the funding standard account shall be credited with the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the amount considered contributed by the employer to or under the plan for the plan year,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <chapeau>the amount necessary to amortize in equal annual installments (until fully amortized)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>separately, with respect to each plan year, the net decrease (if any) in unfunded past service liability under the plan arising from plan amendments adopted in such year, over a period of 30 plan years (40 plan years in the case of a multiemployer plan),</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>separately, with respect to each plan year, the net experience gain (if any) under the plan, over a period of 15 plan years (20 plan years in the case of a multiemployer plan), and</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>separately, with respect to each plan year, the net gain (if any) resulting from changes in actuarial assumptions used under the plan, over a period of 30 plan years.</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>the amount of the waived funding deficiency (within the meaning of section 303(c)) for the plan year, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>in the case of a plan year for which the accumulated funding deficiency is determined under the funding standard account if such plan year follows a plan year for which such deficiency was determined under the alternative minimum funding standard, the excess (if any) of any debit balance in the funding standard account (determined without regard to this subparagraph) over any debit balance in the alternative minimum funding standard account.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>Under regulations prescribed by the Secretary of the Treasury, amounts required to be amortized under paragraph (2) or paragraph (3), as the case may be—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>may be combined into one amount under such paragraph to be amortized over a period determined on the basis of the remaining amortization period for all items entering into such combined amount, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>may be offset against amounts required to be amortized under the other such paragraph, with the resulting amount to be amortized over a period determined on the basis of the remaining <page identifier="/us/stat/88/871">88 <inline class="smallCaps">Stat.</inline> 871</page> amortization periods for all items entering into whichever of the two amounts being offset is the greater.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>The funding standard account (and items therein) shall be charged or credited (as determined under regulations prescribed by the Secretary of the Treasury) with interest at the appropriate rate consistent with the rate or rates of interest used under the plan to determine costs.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">For purposes of this part, normal costs, accrued liability, past service liabilities, and experience gains and losses shall be determined under the funding method used to determine costs under the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">For purposes of this part, the value of the plan’s assets shall be determined on the basis of any reasonable actuarial method of valuation which takes into account fair market value and which is permitted under regulations prescribed by the Secretary of the Treasury.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>For purposes of this part, the value of a bond or other evidence of indebtedness which is not in default as to principal or interest may, at the election of the plan administrator, be determined on an amortized basis running from initial cost at purchase to par value at maturity or earliest call date. Any election under this subparagraph shall be made at such time and in such manner as the Secretary of the Treasury shall by regulations provide, shall apply to all such evidences of indebtedness, and may be revoked only with the consent of the Secretary of the Treasury.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>For purposes of this part, all costs, liabilities, rates of interest, and other factors under the plan shall be determined on the basis of actuarial assumptions and methods which, in the aggregate, are reasonable (taking into account the experience of the plan and reasonable expectations) and which, in combination, offer the actuary’s best estimate of anticipated experience under the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="4">(4)</num> <chapeau>For purposes of this section, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a change in benefits under the Social Security Act or in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t42/s1305">42 USC 1305.</ref></p></sidenote> other retirement benefits created under Federal or State law, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a change in the definition of the term “wages” under section 3121 of the Internal Revenue Code of 1954, or a change in <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s3121">26 USC 3121.</ref></p></sidenote> the amount of such wages taken into account under regulations prescribed for purposes of section 401(a)(5) of the Internal Revenue Code of 1954,</content><sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></subparagraph> <continuation class="indent0 fontsize10">results in an increase or decrease in accrued liability under a plan, such increase or decrease shall be treated as an experience loss or gain.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="5">(5)</num> <content>If the funding method for a plan is changed, the new funding method shall become the funding method used to determine costs and liabilities under the plan only if the change is approved by the Secretary of the Treasury. If the plan year for a plan is changed, the new plan year shall become the plan year for the plan only if the change is approved by the Secretary of the Treasury.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="6">(6)</num> <chapeau>If, as of the close of a plan year, a plan would (without regard to this paragraph) have an accumulated funding deficiency (determined without regard to the alternative minimum funding standard account permitted under subsection (g)) in excess of the full funding limitation—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the funding standard account shall be credited with the amount of such excess, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>all amounts described in paragraphs (2), (B), (C), and (D) and (3)(B) of subsection (b) which are required to be amortized shall be considered fully amortized for purposes of such paragraphs.</content></subparagraph></paragraph> <page identifier="/us/stat/88/872">88 <inline class="smallCaps">Stat.</inline> 872</page> <paragraph class="indent0 fontsize10"><num value="7">(7)</num> <chapeau>For purposes of paragraph (6), the term “full funding limitation” <sidenote><p class="indent0 firstIndent1 fontsize8">“Full funding limitation.”</p></sidenote> means the excess (if any) of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the accrued liability (including normal cost) under the plan (determined under the entry age normal funding method if such accrued liability cannot be directly calculated under the funding method used for the plan), over</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the lesser of the fair market value of the plan’s assets or the value of such assets determined under paragraph (2).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="8">(8)</num> <chapeau>For purposes of this part, any amendment applying to a plan year which—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>is adopted after the close of such plan year but no later than 2½ months after the close of the plan year (or, in the case of a multiemployer plan, no later than 2 years after the close of such plan year),</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>does not reduce the accrued benefit of any participant determined as of the beginning of the first plan year to which the amendment applies, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>does not reduce the accrued benefit of any participant determined as of the time of adoption except to the extent required by the circumstances,</content></subparagraph> <continuation class="indent0 fontsize10">shall, at the election of the plan administrator, be deemed to have been made on the first day of such plan year. No amendment described in this paragraph which reduces the accrued benefits of any participant shall take effect unless the plan administrator files a notice with the Secretary notifying him of such amendment and the Secretary has approved such amendment or, within 90 days after the date on which such notice was filed, failed to disapprove such amendment. No amendment described in this subsection shall be approved by the Secretary unless he determines that such amendment is necessary because of a substantial business hardship (as determined under section 303(b)) and that waiver under section 303(a) is unavailable or inadequate.</continuation></paragraph> <paragraph class="indent0 fontsize10"><num value="9">(9)</num> <content>For purposes of this part, a determination of experience gains and losses and a valuation of the plan’s liability shall be made not less frequently than once every 3 years, except that such determination shall be made more frequently to the extent required in particular cases under regulations prescribed by the Secretary of the Treasury.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="10">(10)</num> <content>For purposes of this part, any contributions for a plan year made by an employer after the last day of such plan year, but not later than 2½ months after such day, shall be deemed to have been made on such last day. For purposes of this paragraph, such 2½ month period may be extended for not more than 6 months under regulations prescribed by the Secretary of the Treasury.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading><content>For alternative amortization method for certain multiemployer plans see section 1018(d) of this Act.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 914.</p></sidenote></content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">variance from minimum funding standard</inline></heading> <num value="303"><inline class="smallCaps">Sec.</inline> 303.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">If an employer, or in the case of a multiemployer plan, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1083">29 USC 1083.</ref></p></sidenote> 10 percent or more of the number of employers contributing to or under the plan are unable to satisfy the minimum funding standard for a plan year without substantial business hardship and if application of the standard would be adverse to the interests of plan participants in the aggregate, the Secretary of the Treasury may waive the <sidenote><p class="indent0 firstIndent1 fontsize8">Waiver.</p></sidenote> requirements of section 302(a) for such year with respect to all or any portion of the minimum funding standard other than the portion thereof determined under section 302(b)(2)(C). The Secretary of the Treasury shall not waive the minimum funding standard with respect to a plan for more than 5 of any 15 consecutive plan years.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of this part, the factors taken into account in <sidenote><p class="indent0 firstIndent1 fontsize8">Substantial business hardship.</p></sidenote> determining substantial business hardship shall include (but shall not <page identifier="/us/stat/88/873">88 <inline class="smallCaps">Stat.</inline> 873</page> be limited to) whether—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the employer is operating at an economic loss,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>there is substantial unemployment or underemployment in the trade or business and in the industry concerned,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>the sales and profits of the industry concerned are depressed or declining, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <content>it is reasonable to expect that the plan will be continued only if the waiver is granted.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>For purposes of this part, the term “waived funding deficiency” <sidenote><p class="indent0 firstIndent1 fontsize8">“Waived funding deficiency.”</p></sidenote> means the portion of the minimum funding standard (determined without regard to subsection (b)(3)(C) of section 302) for a plan year waived by the Secretary of the Treasury and not satisfied by employer contributions.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <heading><inline class="smallCaps">Cross Reference.</inline>—</heading> <content><list><listItem class="indentUp2 fontsize8"><listContent class="indentUp1"><b>For corresponding duties of the Secretary of the Treasury with regard to implementation of the Internal Revenue Code of 1954, see section 412(d) of such Code.</b></listContent></listItem></list></content></subsection></section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">extension of amortization periods</inline></heading> <num value="304"><inline class="smallCaps">Sec.</inline> 304.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The period of years required to amortize any unfunded <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1084">29 USC 1084.</ref></p></sidenote> liability (described in any clause of subsection (b)(2)(B) of section 302) of any plan may be extended by the Secretary for a period of time (not in excess of 10 years) if he determines that such extension would carry out the purposes of this Act and would provide adequate protection for participants under the plan and their beneficiaries and if he determines that the failure to permit such extension would—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>result in—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>a substantial risk to the voluntary continuation of the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a substantial curtailment of pension benefit levels or employee compensation, and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>be adverse to the interests of plan participants in the aggregate.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">No amendment of the plan which increases the liabilities of the plan by reason of any increase in benefits, any change in the accrual of benefits, or any change in the rate at which benefits become nonforfeitable under the plan shall be adopted if a waiver under section 303(a) or an extension of time under subsection (a) of this section is in effect with respect to the plan, or if a plan amendment described in section 302(c)(8) has been made at any time in the preceding 12 months (24 months in the case of a multiemployer plan). If a plan is amended in violation of the preceding sentence, any such waiver, or extension of time, shall not apply to any plan year ending on or after the date on which such amendment is adopted.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>Paragraph (1) shall not apply to any plan amendment which—<sidenote><p class="indent0 firstIndent1 fontsize8">Nonapplicability.</p></sidenote></chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the Secretary determines to be reasonable and which provides for only de minimis increases in the liabilities of the plan.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>only repeals an amendment described in section 302(c) (8), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>is required as a condition of qualification under part I of subchapter D, of chapter 1, of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 959, 964, 898, 924, 979.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">alternative minimum funding standard</inline></heading> <num value="305"><inline class="smallCaps">Sec.</inline> 305.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">A plan which uses a funding method that requires <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1085">29 USC 1085.</ref></p></sidenote> contributions in all years not less than those required under the entry age normal funding method may maintain an alternative minimum funding standard account for any plan year. Such account shall be credited and charged solely as provided in this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For a plan year the alternative minimum funding standard <page identifier="/us/stat/88/874">88 <inline class="smallCaps">Stat.</inline> 874</page> account shall be—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>charged with the sum of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the lesser of normal cost under the funding method used under the plan or normal cost determined under the unit credit method,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the excess, if any, of the present value of accrued benefits under the plan over the fair market value of the assets, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>an amount equal to the excess, if any, of credits to the alternative minimum funding standard account for all prior plan years over charges to such account for all such years, and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>credited with the amount considered contributed by the employer to or under the plan (within the meaning of section 302(c)(10)) for the plan year.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>The alternative minimum funding standard account (and items therein) shall be charged or credited with interest in the manner provided under section 302(b)(5) with respect to the funding standard account.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective dates</inline></heading> <num value="306"><inline class="smallCaps">Sec.</inline> 306.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as otherwise provided in this section, this <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1086">29 USC 1086.</ref></p></sidenote> part shall apply in the case of plan years beginning after the date of the enactment of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Except as otherwise provided in subsections (c) and (d), in the case of a plan in existence on January 1, 1974, this part shall apply in the case of plan years beginning after December 31, 1975.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <paragraph class="inline"><num value="1">(1)</num> <content class="inline">In the case of a plan maintained on January 1, 1974, pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements between employee representatives and one or more employers, this part shall apply only with respect to plan years beginning after the earlier of the date specified in subparagraph (A) or (B) of section 211(c)(1).</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>This subsection shall apply with respect to a plan if (and only if) the application of this subsection results in a later effective date for this part than the effective date required by subsection (b).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>In the case of a plan the administrator of which elects under section 1017(d) of this Act to have the provisions of the Internal <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 932.</p></sidenote> Revenue Code of 1954 relating to participation, vesting, funding, and form of benefit to apply to a plan year and to all subsequent plan years, this part shall apply to plan years beginning on the earlier of the first plan year to which such election applies or the first plan year determined under subsections (a), (b), and (c) of this section.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>In the case of a plan maintained by a labor organization which is exempt from tax under section 501(c)(5) of the Internal Revenue Code of 1954 exclusively for the benefit of its employees and their <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 501.</ref></p></sidenote> beneficiaries, this part shall be applied by substituting for the term “December 31, 1975” in subsection (b), the earlier of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the date on which the second convention of such labor organization held after the date of the enactment of this Act ends, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>December 31, 1980,</content></paragraph> <continuation class="indent0 fontsize10">but in no event shall a date earlier than the later of December 31, 1975, or the date determined under subsection (c) be substituted.</continuation></subsection> </section> </part> <part> <num value="4"><inline class="smallCaps">Part 4</inline>—</num><heading><inline class="smallCaps">Fiduciary Responsibility</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">coverage</inline></heading> <num value="401"><inline class="smallCaps">Sec.</inline> 401.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">This part shall apply to any employee benefit plan described in section 4(a) (and not exempted under section 4(b)), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1101">29 USC 1101.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 11.</p></sidenote><page identifier="/us/stat/88/875">88 <inline class="smallCaps">Stat.</inline> 875</page> other than—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>any agreement described in section 736 of the Internal Revenue Code of 1954, which provides payments to a retired <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s736">26 USC 736.</ref></p></sidenote> partner or deceased partner or a deceased partner’s successor in interest.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>For purposes of this part:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>In the case of a plan which invests in any security issued by an investment company registered under the Investment Company Act of 1940, the assets of such plan shall be deemed to <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t15/s80a–51">15 USC 80a–51.</ref></p></sidenote> include such security but shall not, solely by reason of such investment, be deemed to include any assets of such investment company.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>In the case of a plan to which a guaranteed benefit policy is issued by an insurer, the assets of such plan shall be deemed to include such policy, but shall not, solely by reason of the issuance of such policy, be deemed to include any assets of such insurer. For purposes of this paragraph:</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>The term “insurer” means an insurance company, <sidenote><p class="indent0 firstIndent1 fontsize8">“Insurer.”</p></sidenote> insurance service, or insurance organization, qualified to do business in a State.</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>The term “guaranteed benefit policy” means an insurance <sidenote><p class="indent0 firstIndent1 fontsize8">“Guaranteed benefit policy.”</p></sidenote> policy or contract to the extent that such policy or contract provides for benefits the amount of which is guaranteed by the insurer. Such term includes any surplus in a separate account, but excludes any other portion of a separate account.</content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">establishment of plan</inline></heading> <num value="402"><inline class="smallCaps">Sec.</inline> 402.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Every employee benefit plan shall be established <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1102">29 USC 1102.</ref></p></sidenote> and maintained pursuant to a written instrument. Such instrument shall provide for one or more named fiduciaries who jointly or severally shall have authority to control and manage the operation and administration of the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For purposes of this title, the term “named fiduciary” means <sidenote><p class="indent0 firstIndent1 fontsize8">“Named fiduciary.”</p></sidenote> a fiduciary who is named in the plan instrument, or who, pursuant to a procedure specified in the plan, is identified as a fiduciary (A) by a person who is an employer or employee organization with respect to the plan or (B) by such an employer and such an employee organization acting jointly.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Every employee benefit plan shall—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>provide a procedure for establishing and carrying out a funding policy and method consistent with the objectives of the plan and the requirements of this title,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>describe any procedure under the plan for the allocation of responsibilities for the operation and administration of the plan (including any procedure described in section 405(c)(1)),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>provide a procedure for amending such plan, and for identifying the persons who have authority to amend the plan, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num><content>specify the basis on which payments are made to and from the plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Any employee benefit plan may provide—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>that any person or group of persons may serve in more than one fiduciary capacity with respect to the plan (including service both as trustee and administrator);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>that a named fiduciary, or a fiduciary designated by a named fiduciary pursuant to a plan procedure described in section 405(c)(1), may employ one or more persons to render advice with regard to any responsibility such fiduciary has under the plan; or</content></paragraph> <page identifier="/us/stat/88/876">88 <inline class="smallCaps">Stat.</inline> 876</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>that a person who is a named fiduciary with respect to control or management of the assets of the plan may appoint an investment manager or managers to manage (including the power to acquire and dispose of) any assets of a plan.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">establishment of trust</inline></heading> <num value="403"><inline class="smallCaps">Sec.</inline> 403.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as provided in subsection (b), all assets of an <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1103">29 USC 1103.</ref></p></sidenote> employee benefit plan shall be held in trust by one or more trustees. Such trustee or trustees shall be either named in the trust instrument or in the plan instrument described in section 402(a) or appointed by a person who is a named fiduciary, and upon acceptance of being named or appointed, the trustee or trustees shall have exclusive authority and discretion to manage and control the assets of the plan, except to the extent that—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>the plan expressly provides that the trustee or trustees are subject to the direction of a named fiduciary who is not a trustee, in which case the trustees shall be subject to proper directions of such fiduciary which are made in accordance with the terms of the plan and which are not contrary to this title, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>authority to manage, acquire, or dispose of assets of the plan is delegated to one or more investment managers pursuant to section 402(c)(3).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The requirements of subsection (a) of this section shall not apply—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>to any assets of a plan which consist of insurance contracts or policies issued by an insurance company qualified to do business in a State;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>to any assets of such an insurance company or any assets of a plan which are held by such an insurance company;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>to a plan—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>some or all of the participants of which are employees described in section 401(c)(1) of the Internal Revenue Code of 1954; or<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p></sidenote></content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>which consists of one or more individual retirement accounts described in section 408 of the Internal Revenue Code of 1954, to the extent that such plan’s assets are held in <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 959.</p></sidenote> one or more custodial accounts which qualify under section 401(f) or 408(h) of such Code, whichever is applicable;</content></clause></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>to a plan which the Secretary exempts from the requirement of subsection (a) and which is not subject to any of the following provisions of this Act—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>part 2 of this subtitle,<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 852.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>part 3 of this subtitle, or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 868.</p></sidenote></content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>title IV of this Act; or<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1003.</p></sidenote></content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>to a contract established and maintained under section 403(b) of the Internal Revenue Code of 1954 to the extent that the <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 986.</p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s403">26 USC 403.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 940.</p></sidenote> assets of the contract are held in one or more custodial accounts pursuant to section 403(b)(7) of such Code.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Except as provided in paragraph (2) or (3) or subsection (d), or under section 4042 and 4044 (relating to termination of insured <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 1021, 1025.</p></sidenote> plans), the assets of a plan shall never inure to the benefit of any employer and shall be held for the exclusive purposes of providing benefits to participants in the plan and their beneficiaries and defraying reasonable expenses of administering the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">In the case of a contribution which is made by an employer by a mistake of fact, paragraph (1) shall not prohibit the return of such contribution to the employer within one year after the payment of the contribution.</content></subparagraph> <page identifier="/us/stat/88/877">88 <inline class="smallCaps">Stat.</inline> 877</page> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num><content class="inline">If a contribution is conditioned on qualification of the plan under section 401, 403(a), or 405(a) of the Internal Revenue Code of 1954, and if the plan does not qualify, then paragraph (1) shall not <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401/s403/s405">26 USC 401, 403, 405.</ref></p></sidenote> prohibit the return of such contribution to the employer within one year after the date of denial of qualification of the plan.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="C">(C)</num> <content>If a contribution is conditioned upon the deductibility of the contribution under section 404 of the Internal Revenue Code of 1954, <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 921.</p></sidenote> then, to the extent the deduction is disallowed, paragraph (1) shall not prohibit the return to the employer of such contribution (to the extent disallowed) within one year after the disallowance of the deduction.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>In the case of a contribution which would otherwise be an excess contribution (as defined in section 4972(b) of the Internal Revenue Code of 1954) paragraph (1) shall not prohibit a correcting distribution <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 955.</p></sidenote> with respect to such contribution from the plan to the employer to the extent permitted in such section to avoid payment of an excise tax on excess contributions under such section.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Upon termination of a pension plan to which section 4021 does not apply at the time of termination and to which this part applies (other than a plan to which no employer contributions have been made) the assets of the plan shall be allocated in accordance with the provisions of section 4044 of this Act, except as otherwise provided <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p></sidenote> in regulations of the Secretary.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>The assets of a welfare plan which terminates shall be distributed in accordance with the terms of the plan, except as otherwise provided in regulations of the Secretary.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">fiduciary duties</inline></heading> <num value="404"><inline class="smallCaps">Sec.</inline> 404.</num> <subsection class="inline"><num value="a">(a)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Subject to sections 403(c) and (d), 4042, and 4044, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1104">29 USC 1104.</ref></p> <p class="indent0 firstIndent1 fontsize8"><i>Ante,</i> p. 876; <i>Post,</i> pp. 1021, 1025.</p></sidenote> a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <chapeau>for the exclusive purpose of:</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>providing benefits to participants and their beneficiaries; and</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>defraying reasonable expenses of administering the plan;</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of this title.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>In the case of an eligible individual account plan (as defined in section 407(d)(3)), the diversification requirement of paragraph (1)(C) and the prudence requirement (only to the extent that it requires diversification) of paragraph (1)(B) is not violated by acquisition or holding of qualifying employer real property or qualifying employer securities (as defined in section 407(d)(4) and (5)).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Except as authorized by the Secretary by regulation, no fiduciary may maintain the indicia of ownership of any assets of a plan outside the jurisdiction of the district courts of the United States.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>In the case of a pension plan which provides for individual accounts and permits a participant or beneficiary to exercise control over assets in his account, if a participant or beneficiary exercises con-<page identifier="/us/stat/88/878">88 <inline class="smallCaps">Stat.</inline> 878</page>trol over the assets in his account (as determined under regulations of the Secretary)—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>such participant or beneficiary shall not be deemed to be a fiduciary by reason of such exercise, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>no person who is otherwise a fiduciary shall be liable under this part for any loss, or by reason of any breach, which results from such participant’s or beneficiary’s exercise of control.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liability for breach by co-fiduciary</inline></heading> <num value="405"><inline class="smallCaps">Sec.</inline> 405.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">In addition to any liability which he may have under <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1105">29 USC 1105.</ref></p></sidenote> any other provision of this part, a fiduciary with respect to a plan shall be liable for a breach of fiduciary responsibility of another fiduciary with respect to the same plan in the following circumstances:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>if he participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is a breach;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>if, by his failure to comply with section 404(a)(1) in the administration of his specific responsibilities which give rise to his status as a fiduciary, he has enabled such other fiduciary to commit a breach; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>if he has knowledge of a breach by such other fiduciary, unless he makes reasonable efforts under the circumstances to remedy the breach.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">Except as otherwise provided in subsection (d) and in section 403(a)(1) and (2), if the assets of a plan are held by two or more trustees—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>each shall use reasonable care to prevent a co-trustee from committing a breach; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>they shall jointly manage and control the assets of the plan, except that nothing in this subparagraph (B) shall preclude any agreement, authorized by the trust instrument, allocating specific responsibilities, obligations, or duties among trustees, in which event a trustee to whom certain responsibilities, obligations, or duties have not been allocated shall not be liable by reason of this subparagraph (B) either individually or as a trustee for any loss resulting to the plan arising from the acts or omissions on the part of another trustee to whom such responsibilities, obligations, or duties have been allocated.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Nothing in this subsection shall limit any liability that a fiduciary may have under subsection (a) or any other provision of this part.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">In the case of a plan the assets of which are held in more than one trust, a trustee shall not be liable under paragraph (1) except with respect to an act or omission of a trustee of a trust of which he is a trustee.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>No trustee shall be liable under this subsection for following instructions referred to in section 403(a)(1).</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">The instrument under which a plan is maintained may expressly provide for procedures (A) for allocating fiduciary responsibilities (other than trustee responsibilities) among named fiduciaries, and (B) for named fiduciaries to designate persons other than named fiduciaries to carry out fiduciary responsibilities (other than trustee responsibilities) under the plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>If a plan expressly provides for a procedure described in paragraph (1), and pursuant to such procedure any fiduciary responsibility of a named fiduciary is allocated to any person, or a person is designated to carry out any such responsibility, then such named fiduciary <page identifier="/us/stat/88/879">88 <inline class="smallCaps">Stat.</inline> 879</page> shall not be liable for an act or omission of such person in carrying out such responsibility except to the extent that—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <chapeau>the named fiduciary violated section 404(a)(1)—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>with respect to such allocation or designation,</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>with respect to the establishment or implementation of the procedure under paragraph (1), or</content></clause> <clause class="indentUp1 fontsize10"><num value="iii">(iii)</num> <content>in continuing the allocation or designation; or</content></clause></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the named fiduciary would otherwise be liable in accordance with subsection (a).</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>For purposes of this subsection, the term “trustee responsibility” <sidenote><p class="indent0 firstIndent1 fontsize8">“Trustee responsibility.”</p></sidenote> means any responsibility provided in the plan’s trust instrument (if any) to manage or control the assets of the plan, other than a power under the trust instrument of a named fiduciary to appoint an investment manager in accordance with section 402(c)(3).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">If an investment manager or managers have been appointed <sidenote><p class="indent0 firstIndent1 fontsize8">Liability.</p></sidenote> under section 402(c)(3), then, notwithstanding subsections (a) (2) and (3) and subsection (b), no trustee shall be liable for the acts or omissions of such investment manager or managers, or be under an obligation to invest or otherwise manage any asset of the plan which is subject to the management of such investment manager.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Nothing in this subsection shall relieve any trustee of any liability under this part for any act of such trustee.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibited transactions</inline></heading> <num value="406"><inline class="smallCaps">Sec.</inline> 406.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as provided in section 408:<sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1106">29 USC 1106.</ref></p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau class="inline">A fiduciary with respect to a plan shall not cause the plan to engage in a transaction, if he knows or should know that such transaction constitutes a direct or indirect—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>sale or exchange, or leasing, of any property between the plan and a party in interest;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>lending of money or other extension of credit between the plan and a party in interest;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>furnishing of goods, services, or facilities between the plan and a party in interest;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>transfer to, or use by or for the benefit of, a party in interest, of any assets of the plan; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="E">(E)</num> <content>acquisition, on behalf of the plan, of any employer security or employer real property in violation of section 407(a).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>No fiduciary who has authority or discretion to control or manage the assets of a plan shall permit the plan to hold any employer security or employer real property if he knows or should know that holding such security or real property violates section 407(a).</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau class="inline">A fiduciary with respect to a plan shall not—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>deal with the assets of the plan in his own interest or for his own account,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in his individual or in any other capacity act in any transaction involving the plan on behalf of a party (or represent a party) whose interests are adverse to the interests of the plan or the interests of its participants or beneficiaries, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>receive any consideration for his own personal account from any party dealing with such plan in connection with a transaction involving the assets of the plan.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>A transfer of real or personal property by a party in interest to a plan shall be treated as a sale or exchange if the property is subject to a mortgage or similar lien which the plan assumes or if it is subject to a mortgage or similar lien which a party-in-interest placed <page identifier="/us/stat/88/880">88 <inline class="smallCaps">Stat.</inline> 880</page> on the property within the 10-year period ending on the date of the transfer.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">10 percent limitation with respect to acquisition and holding of employer securities and employer real property by certain plans</inline></heading> <num value="407"><inline class="smallCaps">Sec.</inline> 407.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Except as otherwise provided in this section and section <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1107">29 USC 1107.</ref></p></sidenote> 414:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>A plan may not acquire or hold—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>any employer security which is not a qualifying employer security, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>any employer real property which is not qualifying employer real property.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>A plan may not acquire any qualifying employer security or qualifying employer real property, if immediately after such acquisition the aggregate fair market value of employer securities and employer real property held by the plan exceeds 10 percent of the fair market value of the assets of the plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <chapeau class="inline">After December 31, 1984, a plan may not hold any qualifying employer securities or qualifying employer real property (or both) to the extent that the aggregate fair market value of such securities and property determined on December 31, 1984, exceeds 10 percent of the greater of—</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the fair market value of the assets of the plan, determined on December 31, 1984, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the fair market value of the assets of the plan determined on January 1, 1975.</content></clause></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <chapeau>Subparagraph (A) of this paragraph shall not apply to any plan which on any date after December 31, 1974; and before January 1, 1985, did not hold employer securities or employer real property (or both) the aggregate fair market value of which determined on such date exceeded 10 percent of the greater of</chapeau> <clause class="indentUp1 fontsize10"><num value="i">(i)</num> <content>the fair market value of the assets of the plan, determined on such date, or</content></clause> <clause class="indentUp1 fontsize10"><num value="ii">(ii)</num> <content>the fair market value of the assets of the plan determined on January 1, 1975.</content></clause></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">After December 31, 1979, a plan may not hold any employer securities or employer real property in excess of the amount specified in regulations under subparagraph (B). This subparagraph shall not apply to a plan after the earliest date after December 31, 1974, on which it complies with such regulations.</content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Not later than December 31, 1976, the Secretary shall prescribe <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> regulations which shall have the effect of requiring that a plan divest itself of 50 percent of the holdings of employer securities and employer real property which the plan would be required to divest before January 1, 1985, under paragraph (2) or subsection (c) (whichever is applicable).</content></subparagraph></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num><paragraph class="inline"><num value="1">(1)</num> <content class="inline">Subsection (a) of this section shall not apply to any acquisition or holding of qualifying employer securities or qualifying employer real property by an eligible individual account plan.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <heading><inline class="smallCaps">Cross References.</inline>—</heading> <subparagraph class="indentUp2 fontsize8"><num value="A"><b>(A)</b></num> <content><b>For exemption from diversification requirements for holding of qualifying employer securities and qualifying employer real property by eligible individual account plans, see section 404(a)(2).</b></content></subparagraph> <subparagraph class="indentUp2 fontsize8"><num value="B"><b>(B)</b></num> <content><b>For exemption from prohibited transactions for certain acquisitions of qualifying employer securities and qualifying employer real property which are not in violation of 10 percent limitation, see section 408(c).</b></content></subparagraph> <subparagraph class="indentUp2 fontsize8"><num value="C"><b>(C)</b></num> <content><b>For transitional rules respecting securities or real property subject to binding contracts in effect on June 30, 1974, see section 414(c).</b></content></subparagraph></paragraph></subsection> <page identifier="/us/stat/88/881">88 <inline class="smallCaps">Stat.</inline> 881</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num><paragraph class="inline"><num value="1">(1)</num> <chapeau class="inline">A plan which makes the election, under paragraph (3) shall be treated as satisfying the requirement of subsection (a)(3) if and only if employer securities held on any date after December 31, 1974 and before January 1, 1985 have a fair market value, determined as of December 31, 1974, not in excess of 10 percent of the lesser of—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the fair market value of the assets of the plan determined on such date (disregarding any portion of the fair market value of employer securities which is attributable to appreciation of such securities after December 31, 1974) but not less than the fair market value of plan assets on January 1, 1975, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>an amount equal to the sum of (i) the total amount of the contributions to the plan received after December 31, 1974, and prior to such date, plus (ii) the fair market value of the assets of the plan, determined on January 1, 1975.</content></subparagraph></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>For purposes of this subsection, in the case of an employer security held by a plan after January 1, 1975, the ownership of which is derived from ownership of employer securities held by the plan on January 1, 1975, or from the exercise of rights derived from such ownership, the value of such security held after January 1, 1975, shall be based on the value as of January 1, 1975, of the security from which ownership was derived. The Secretary shall prescribe regulations to carry out this paragraph.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>An election under this paragraph may not be made after December 31, 1975. Such an election shall be made in accordance with regulations prescribed by the Secretary, and shall be irrevocable. A plan may make an election under this paragraph only if on January 1, 1975, the plan holds no employer real property. After such election and before January 1, 1985 the plan may not acquire any employer real property.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>For purposes of this section—<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>The term “employer security” means a security issued by an employer of employees covered by the plan, or by an affiliate of such employer. A contract to which section 408(b)(5) applies shall not be treated as a security for purposes of this section.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “employer real property” means real property (and related personal property) which is leased to an employer of employees covered by the plan, or to an affiliate of such employer. For purposes of determining the time at which a plan acquires employer real property for purposes of this section, such property shall be deemed to be acquired by the plan on the date on which the plan acquires the property or on the date on which the lease to the employer (or affiliate) is entered into, whichever is later.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num><subparagraph class="inline"><num value="A">(A)</num> <content class="inline">The term “eligible individual account plan” means an individual account plan which is (i) a profit-sharing, stock bonus, thrift, or savings plan; (ii) an employee stock ownership plan; or (iii) a money purchase plan which was in existence on the date of enactment of this Act and which on such date invested primarily in qualifying employer securities. Such term excludes an individual retirement account or annuity described in section 408 of the Internal Revenue Code of 1954.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 959.</p></sidenote></content></subparagraph> <subparagraph class="indent0 fontsize10"><num value="B">(B)</num> <content>Notwithstanding subparagraph (A), a plan shall be treated as an eligible individual account plan with respect to the acquisition or holding of qualifying employer real property or qualifying employer securities only if such plan explicitly provides for acquisition and holding of qualifying employer securities or qualifying employer real property (as the case may be). In the case of a plan in existence on the date of enactment of this Act, this subparagraph shall not take effect until January 1, 1976.</content></subparagraph></paragraph> <page identifier="/us/stat/88/882">88 <inline class="smallCaps">Stat.</inline> 882</page> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>The term “qualifying employer real property” means parcels of employer real property—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>if a substantial number of the parcels are dispersed geographically;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if each parcel of real property and the improvements thereon are suitable (or adaptable without excessive cost) for more than one use;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>even if all of such real property is leased to one lessee (which may be an employer, or an affiliate of an employer); and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>if the acquisition and retention of such property comply with the provisions of this part (other than section 404 (a)(1)(B) to the extent it requires diversification, and sections 404(a)(1)(C),406, and subsection (a) of this section).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>The term “qualifying employer security” means an employer security which is stock or a marketable obligation (as defined in subsection (e)).</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <chapeau>The term “employee stock ownership plan” means an individual account plan—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>which is a stock bonus plan which is qualified, or a stock bonus plan and money purchase both of which are qualified, under section 401 of the Internal Revenue Code of 1954, and which is designed to invest primarily in qualifying <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s501">26 USC 401.</ref></p></sidenote> employee securities, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>which meets such other requirements as the Secretary of the Treasury may prescribe by regulation.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>A corporation is an affiliate of an employer if it is a member of any controlled group of corporations (as defined in section 1563(a) of the Internal Revenue Code of 1954, except that “applicable <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1563">26 USC 1563.</ref></p></sidenote> percentage” shall be substituted for “80 percent” wherever the latter percentage appears in such section) of which the employer who maintains the plan is a member. For purposes of the preceding sentence, the term “applicable percentage” means 50 percent, or such lower percentage as the Secretary may prescribe by regulation. A person other than a corporation shall be treated as an affiliate of an employer to the extent provided in regulations of the Secretary. An employer which is a person other than a corporation shall be treated as affiliated with another person to the extent provided by regulations of the Secretary. Regulations under this paragraph shall be prescribed only after consultation and coordination with the Secretary of the Treasury.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <content>The Secretary may prescribe regulations specifying the <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> extent to which conversions, splits, the exercise of rights, and similar transactions are not treated as acquisitions.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>For purposes of subsection (d)(5), the term “marketable obligation” <sidenote><p class="indent0 firstIndent1 fontsize8">“Marketable obligation.”</p></sidenote> means a bond, debenture, note, or certificate, or other evidence of indebtedness (hereinafter in this subsection referred to as “obligation”) if—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <chapeau>such obligation is acquired—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>on the market, either (i) at the price of the obligation prevailing on a national securities exchange which is registered with the Securities and Exchange Commission, or (ii) if the obligation is not traded on such a national securities exchange, at a price not less favorable to the plan than the offering price for the obligation as established by current bid and asked prices quoted by persons independent of the issuer;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>from an underwriter, at a price (i) not in excess of the public offering price for the obligation as set forth in a prospectus or offering circular filed with the Securities and <page identifier="/us/stat/88/883">88 <inline class="smallCaps">Stat.</inline> 883</page> Exchange Commission, and (ii) at which a substantial portion of the same issue is acquired by persons independent of the issuer; or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>directly from the issuer, at a price not less favorable to the plan than the price paid currently for a substantial portion of the same issue by persons independent of the issuer;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <chapeau>immediately following acquisition of such obligation—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>not more than 25 percent of the aggregate amount of obligations issued in such issue and outstanding at the time of acquisition is held by the plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>at least 50 percent of the aggregate amount referred to in subparagraph (A) is held by persons independent of the issuer; and</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>immediately following acquisition of the obligation, not more than 25 percent of the assets of the plan is invested in obligations of the employer or an affiliate of the employer.</content></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">exemptions from prohibited transactions</inline></heading> <num value="408"><inline class="smallCaps">Sec.</inline> 408.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">The Secretary shall establish an exemption procedure <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1108">29 USC 1108.</ref></p></sidenote> for purposes of this subsection. Pursuant to such procedure, he may grant a conditional or unconditional exemption of any fiduciary or transaction, or class of fiduciaries or transactions, from all or part of the restrictions imposed by sections 406 and 407(a). Action under this subsection may be taken only after consultation and coordination with the Secretary of the Treasury. An exemption granted under this section shall not relieve a fiduciary from any other applicable provision of this Act. The Secretary may not grant an exemption under this subsection unless he finds that such exemption is—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>administratively feasible,</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>in the interests of the plan and of its participants and beneficiaries, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>protective of the rights of participants and beneficiaries of such plan.</content></paragraph> <continuation class="indent0 fontsize10">Before granting an exemption under this subsection from section 406(a) <sidenote><p class="indent0 firstIndent1 fontsize8">Publication in Federal Register.</p></sidenote> or 407(a), the Secretary shall publish notice in the Federal Register of the pendency of the exemption, shall require that adequate notice be given to interested persons, and shall afford interested persons opportunity to present views. The Secretary may not grant an exemption under this subsection from section 406(b) unless he affords an opportunity for a hearing and makes a determination on the record with respect to the findings required by paragraphs (1), (2), and (3) of this subsection.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>The prohibitions provided in section 406 shall not apply to <sidenote><p class="indent0 firstIndent1 fontsize8">Nonapplicability.</p></sidenote> any of the following transactions:</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>Any loans made by the plan to parties in interest who are participants or beneficiaries of the plan if such loans (A) are available to all such participants and beneficiaries on a reasonably equivalent basis, (B) are not made available to highly compensated employees, officers, or shareholders in an amount greater than the amount made available to other employees, (C) are made in accordance with specific provisions regarding such loans set forth in the plan, (D) bear a reasonable rate of interest, and (E) are adequately secured.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>Contracting or making reasonable arrangements with a party in interest for office space, or legal, accounting, or other services necessary for the establishment or operation of the plan, if no more than reasonable compensation is paid therefor.</content></paragraph> <page identifier="/us/stat/88/884">88 <inline class="smallCaps">Stat.</inline> 884</page> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>A loan to an employee stock ownership plan (as defined in section 407(d)(6)), if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>such loan is primarily for the benefit of participants and beneficiaries of the plan, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such loan is at an interest rate which is not in excess of a reasonable rate.</content></subparagraph> <continuation class="indent0 fontsize10">If the plan gives collateral to a party in interest for such loan, such collateral may consist only of qualifying employer securities (as defined in section 407(d)(5)).</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>The investment of all or part of a plan’s assets in deposits which bear a reasonable interest rate in a bank or similar financial institution supervised by the United States or a State, if such bank or other institution is a fiduciary of such plan and if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the plan covers only employees of such bank or other institution and employees of affiliates of such bank or other institution, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>such investment is expressly authorized by a provision of the plan or by a fiduciary (other than such bank or institution or affiliate thereof) who is expressly empowered by the plan to so instruct the trustee with respect to such investment.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <chapeau>Any contract for life insurance, health insurance, or annuities with one or more insurers which are qualified to do business in a State, if the plan pays no more than adequate consideration, and if each such insurer or insurers is—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the employer maintaining the plan, or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>a party in interest which is wholly owned (directly or indirectly) by the employer maintaining the plan, or by any person which is a party in interest with respect to the plan, but only if the total premiums and annuity considerations written by such insurers for life insurance, health insurance, or annuities for all plans (and their employers) with respect to which such insurers are parties in interest (not including premiums or annuity considerations written by the employer maintaining the plan) do not exceed 5 percent of the total premiums and annuity considerations written for all lines of insurance in that year by such insurers (not including premiums or annuity considerations written by the employer maintaining the plan).</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="6">(6)</num> <chapeau>The providing of any ancillary service by a bank or similar financial institution supervised by the United States or a State, if such bank or other institution is a fiduciary of such plan, and if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>such bank or similar financial institution has adopted adequate internal safeguards which assure that the providing of such ancillary service is consistent with sound banking and financial practice, as determined by Federal or State supervisory authority, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the extent to which such ancillary service is provided is subject to specific guidelines issued by such bank or similar financial institution (as determined by the Secretary after consultation with Federal and State supervisory authority), and adherence to such guidelines would reasonably preclude such bank or similar financial institution from providing such ancillary service (i) in an excessive or unreasonable manner, and (ii) in a manner that would be inconsistent with the best interests of participants and beneficiaries of employee benefit plans.</content></subparagraph> <page identifier="/us/stat/88/885">88 <inline class="smallCaps">Stat.</inline> 885</page> <continuation class="indent0 fontsize10">Such ancillary services shall not be provided at more than reasonable compensation.</continuation></paragraph> <paragraph class="indentUp1 fontsize10"><num value="7">(7)</num> <content>The exercise of a privilege to convert securities, to the extent provided in regulations of the Secretary, but only if the plan receives no less than adequate consideration pursuant to such conversion.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="8">(8)</num> <chapeau>Any transaction between a plan and (i) a common or collective trust fund or pooled investment fund maintained by a party in interest which is a bank or trust company supervised by a State or Federal agency or (ii) a pooled investment fund of an insurance company qualified to do business in a State, if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the transaction is a sale or purchase of an interest in the fund,</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>the bank, trust company, or insurance company receives not more than reasonable compensation, and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>such transaction is expressly permitted by the instrument under which the plan is maintained, or by a fiduciary (other than the bank, trust company, or insurance company, or an affiliate thereof) who has authority to manage and control the assets of the plan.</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="9">(9)</num> <content>The making by a fiduciary of a distribution of the assets of the plan in accordance with the terms of the plan if such assets are distributed in the same manner as provided under section 4044 of this Act (relating to allocation of assets).<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1025.</p></sidenote></content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Nothing in section 406 shall be construed to prohibit any fiduciary from—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>receiving any benefit to which he may be entitled as a participant or beneficiary in the plan, so long as the benefit is computed and paid on a basis which is consistent with the terms of the plan as applied to all other participants and beneficiaries;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>receiving any reasonable compensation for services rendered, or for the reimbursement of expenses properly and actually incurred, in the performance of his duties with the plan; except that no person so serving who already receives full-time pay from an employer or an association of employers, whose employees are participants in the plan, or from an employee organization whose members are participants in such plan shall receive compensation from such plan, except for reimbursement of expenses properly and actually incurred; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>serving as a fiduciary in addition to being an officer, employee, agent, or other representative of a party in interest.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <chapeau>Section 407(b) and subsections (a), (b), (c), and (e) of this section shall not apply to any transaction in which a plan, directly or indirectly—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>lends any part of the corpus or income of the plan to;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>pays any compensation for personal services rendered to the plan to; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>acquires for the plan any property from or sells any property to;</content></paragraph> <continuation class="indent0 fontsize10">any person who is with respect to the plan an owner-employee (as defined in section 401(c)(3) of the Internal Revenue Code of 1954), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s401">26 USC 401.</ref></p> <p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s267">26 USC 267.</ref></p></sidenote> a member of the family (as defined in section 267(c)(4) of such Code) of any such owner-employee, or a corporation controlled by any such owner-employee through the ownership, directly or indirectly, of 50 percent or more of the total combined voting power of all classes of stock entitled to vote or 50 percent or more of the total value of shares of all classes of stock of the corporation. For purposes of this subsection a shareholder employee (as defined in section 1379 of the Internal <page identifier="/us/stat/88/886">88 <inline class="smallCaps">Stat.</inline> 886</page> Revenue Code of 1954) and a participant or beneficiary of an individual <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s1379">26 USC 1379.</ref></p></sidenote> retirement account, individual retirement annuity, or an individual retirement bond (as defined in section 408 or 409 of the Internal Revenue Code of 1954) and an employer or association of employers which <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> pp. 959, 964.</p></sidenote> establishes such an account or annuity under section 408(c) of such code shall be deemed to be an owner-employee.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <chapeau>Sections 406 and 407 shall not apply to the acquisition or sale by a plan of qualifying employer securities (as defined in section 407(d)(5)) or acquisition, sale or lease by a plan of qualifying employer real property (as defined in section 407(d)(4))—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>if such acquisition, sale, or lease is for adequate consideration (or in the case of a marketable obligation, at a price not less favorable to the plan than the price determined under Section 407(e)(1)),</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>if no commission is charged with respect thereto, and</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>the plan is an eligible individual account plan (as defined in section 407(d)(3)), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of an acquisition or lease of qualifying employer real property by a plan which is not an eligible individual account plan, or of an acquisition of qualifying employer securities by such a plan, the lease or acquisition is not prohibited by section 407(a).</content></subparagraph></paragraph></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">liability for breach of fiduciary duty</inline></heading> <num value="409"><inline class="smallCaps">Sec.</inline> 409.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Any person who is a fiduciary with respect to a plan <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1109">29 USC 1109.</ref></p></sidenote> who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary. A fiduciary may also be removed for a violation of section 411 of this Act.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>No fiduciary shall be liable with respect to a breach of fiduciary duty under this title if such breach was committed before he became a fiduciary or after he ceased to be a fiduciary.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">exculpatory provisions; insurance</inline></heading> <num value="410"><inline class="smallCaps">Sec.</inline> 410.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in sections 405(b)(1) and 405(d), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1110">29 USC 1110.</ref></p></sidenote> any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this part shall be void as against public policy.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <chapeau>Nothing in this subpart shall preclude—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>a plan from purchasing insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary, if such insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation by such fiduciary;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>a fiduciary from purchasing insurance to cover liability under this part from and for his own account; or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>an employer or an employee organization from purchasing insurance to cover potential liability of one or more persons who serve in a fiduciary capacity with regard to an employee benefit plan.</content></paragraph></subsection> </section> <page identifier="/us/stat/88/887">88 <inline class="smallCaps">Stat.</inline> 887</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">prohibition against certain persons holding certain positions</inline></heading> <num value="411"><inline class="smallCaps">Sec.</inline> 411.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No person who has been convicted of, or has been <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1111">29 USC 1111.</ref></p></sidenote> imprisoned as a result of his conviction of, robbery, bribery, extortion, embezzlement, fraud, grand larceny, burglary, arson, a felony violation of Federal or State law involving substances defined in section 102(6) of the Comprehensive Drug Abuse Prevention and Control Act of 1970, murder, rape, kidnaping, perjury, assault with intent to kill, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t21/s802">21 USC 802.</ref></p></sidenote> any crime described in section 9(a)(1) of the Investment Company Act of 1940 (15 U.S.C. 80a–9(a)(1)), a violation of any provision of this Act, a violation of section 302 of the Labor-Management Relations Act, 1947 (29 U.S.C. 186), a violation of chapter 63 of title 18, United States Code, a violation of section 874, 1027, 1503, 1505, 1506, 1510, 1951, <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t18/s1341">18 USC 1341.</ref></p></sidenote> or 1954 of title 18, United States Code, a violation of the Labor-Management Reporting and Disclosure Act of 1959 (29 U.S.C. 401), or conspiracy <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s401">29 USC 401</ref> note.</p></sidenote> to commit any such crimes or attempt to commit any such crimes, or a crime in which any of the foregoing crimes is an element, shall serve or be permitted to serve—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>as an administrator, fiduciary, officer, trustee, custodian, counsel, agent, or employee of any employee benefit plan, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>as a consultant to any employee benefit plan,</content></paragraph> <continuation class="indent0 fontsize10">during or for five years after such conviction or after the end of such imprisonment, whichever is the later, unless prior to the end of such five-year period, in the case of a person so convicted or imprisoned, (A) his citizenship rights, having been revoked as a result of such conviction, have been fully restored, or (B) the Board of Parole of the United States Department of Justice determines that such person’s service in any capacity referred to in paragraph (1) or (2) would not be contrary to the purposes of this title. Prior to making any such determination the Board shall hold an administrative hearing and shall give notice of such proceeding by certified mail to the State, county, and Federal prosecuting officials in the jurisdiction or jurisdictions in which such person was convicted. The Board’s determination in any such proceeding shall be final. No person shall knowingly permit any other person to serve in any capacity referred to in paragraph (1) or (2) in violation of this subsection. Notwithstanding the preceding provisions of this subsection, no corporation or partnership will be precluded from acting as an administrator, fiduciary, officer, trustee, custodian, counsel, agent, or employee, of any employee benefit plan or as a consultant to any employee benefit plan without a notice, hearing, and determination by such Board of Parole that such service would be inconsistent with the intention of this section.</continuation></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>Any person who intentionally violates this section shall be fined <sidenote><p class="indent0 firstIndent1 fontsize8">Penalty.</p></sidenote> not more than $10,000 or imprisoned for not more than one year, or both.</content></subsection> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau class="inline">For the purposes of this section:<sidenote><p class="indent0 firstIndent1 fontsize8">Definitions.</p></sidenote></chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>A person shall be deemed to have been “convicted” and under the disability of “conviction” from the date of the judgment of the trial court or the date of the final sustaining of such judgment on appeal, whichever is the later event.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>The term “consultant” means any person who, for compensation, advises or represents an employee benefit plan or who provides other assistance to such plan, concerning the establishment or operation of such plan.</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <content>A period of parole shall not be considered as part of a period of imprisonment.</content></paragraph></subsection> </section> <page identifier="/us/stat/88/888">88 <inline class="smallCaps">Stat.</inline> 888</page> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">bonding</inline></heading> <num value="412"><inline class="smallCaps">Sec.</inline> 412.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">Every fiduciary of an employee benefit plan and every <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1112">29 USC 1112.</ref></p></sidenote> person who handles funds or other property of such a plan (hereafter in this section referred to as “plan official”) shall be bonded as provided in this section; except that—</chapeau> <paragraph class="indent0 fontsize10"><num value="1">(1)</num> <content>where such plan is one under which the only assets from which benefits are paid are the general assets of a union or of an employer, the administrator, officers, and employees of such plan shall be exempt from the bonding requirements of this section, and</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <chapeau>no bond shall be required of a fiduciary (or of any director, officer, or employee of such fiduciary) if such fiduciary—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>is a corporation organized and doing business under the laws of the United States or of any State;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>is authorized under such laws to exercise trust powers or to conduct an insurance business;</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="C">(C)</num> <content>is subject to supervision or examination by Federal or State authority; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="D">(D)</num> <content>has at all times a combined capital and surplus in excess of such a minimum amount as may be established by regulations issued by the Secretary, which amount shall be at least $1,000,000. Paragraph (2) shall apply to a bank or other financial institution which is authorized to exercise trust powers and the deposits of which are not insured by the Federal Deposit Insurance Corporation, only if such bank or institution meets bonding or similar requirements under State law which the Secretary determines are at least equivalent to those imposed on banks by Federal law.</content></subparagraph> <continuation class="indent0 fontsize10">The amount of such bond shall be fixed at the beginning of each fiscal year of the plan. Such amount shall be not less than 10 per centum of the amount of funds handled. In no case shall such bond be less than <sidenote><p class="indent0 firstIndent1 fontsize8">Limitation.</p></sidenote> $1,000 nor more than $500,000, except that the Secretary, after due notice and opportunity for hearing to all interested parties, and after consideration of the record, may prescribe an amount in excess of $500,000, subject to the 10 per centum limitation of the preceding sentence. For purposes of fixing the amount of such bond, the amount of funds handled shall be determined by the funds handled by the person, group, or class to be covered by such bond and by their predecessor or predecessors, if any, during the preceding reporting year, or if the plan has no preceding reporting year, the amount of funds to be handled during the current reporting year by such person, group, or class, estimated as provided in regulations of the Secretary. Such bond shall provide protection to the plan against loss by reason of acts of fraud or dishonesty on the part of the plan official, directly or through connivance with others. Any bond shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to sections 6 through 13 of title 6, United States Code. Any bond shall be in a form or of a type approved by the Secretary, including individual bonds or schedule or blanket forms of bonds which cover a group or class.</continuation></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <content>It shall be unlawful for any plan official to whom subsection (a) applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of any employee benefit plan, without being bonded as required by subsection (a) and it shall be unlawful for any plan official of such plan, or any other person having authority to direct the performance of such functions, to permit such functions, or any of them, to be performed by any plan official, with respect to whom the requirements of subsection (a) have not been met.</content></subsection> <page identifier="/us/stat/88/889">88 <inline class="smallCaps">Stat.</inline> 889</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <content>It shall be unlawful for any person to procure any bond required by subsection (a) from any surety or other company or through any agent or broker in whose business operations such plan or any party in interest in such plan has any control or significant financial interest, direct or indirect.</content></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Nothing in any other provision of law shall require any person, required to be bonded as provided in subsection (a) because he handles funds or other property of an employee benefit plan, to be bonded insofar as the handling by such person of the funds or other property of such plan is concerned.</content></subsection> <subsection class="indent0 fontsize10"><num value="e">(e)</num> <content>The Secretary shall prescribe such regulations as may be necessary <sidenote><p class="indent0 firstIndent1 fontsize8">Regulations.</p></sidenote> to carry out the provisions of this section including exempting a plan from the requirements of this section where he finds that (1) other bonding arrangements or (2) the overall financial condition of the plan would be adequate to protect the interests of the beneficiaries and participants. When, in the opinion of the Secretary, the administrator of a plan offers adequate evidence of the financial responsibility of the plan, or that other bonding arrangements would provide adequate protection of the beneficiaries and participants, he may exempt such plan from the requirements of this section.</content></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">limitation on actions</inline></heading> <num value="413"><inline class="smallCaps">Sec.</inline> 413.</num> <subsection class="inline"><num value="a">(a)</num> <chapeau class="inline">No action may be commenced under this title with <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1113">29 USC 1113.</ref></p></sidenote> respect to a fiduciary’s breach of any responsibility, duty, or obligation under this part, or with respect to a violation of this part, after the earlier of—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>six years after (A) the date of the last action which constituted a part of the breach or violation, or (B) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation, or</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>three years after the earliest date (A) on which the plaintiff had actual knowledge of the breach or violation, or (B) on which a report from which he could reasonably be expected to have obtained knowledge of such breach or violation was filed with the Secretary under this title;</content></paragraph> <continuation class="indent0 fontsize10">except that in the case of fraud or concealment, such action may be commenced not later than six years after the date of discovery of such breach or violation.</continuation></subsection> </section> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="smallCaps">effective date</inline></heading> <num value="414"><inline class="smallCaps">Sec.</inline> 414.</num> <subsection class="inline"><num value="a">(a)</num> <content class="inline">Except as provided in subsections (b), (c), and (d), <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t29/s1114">29 USC 1114.</ref></p></sidenote> this part shall take effect on January 1, 1975.</content></subsection> <subsection class="indent0 fontsize10"><num value="b">(b)</num> <paragraph class="inline"><num value="1">(1)</num> <content class="inline">The provisions of this part authorizing the Secretary to promulgate regulations shall take effect on the date of enactment of this Act.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="2">(2)</num> <content>Upon application of a plan, the Secretary may postpone until not later than January 1, 1976, the applicability of any provision of sections 402, 403 (other than 403(c)), 405 (other than 405 (a) and (d)), and 410(a), as it applies to any plan in existence on the date of enactment of this Act if he determines such postponement is (A) necessary to amend the instrument establishing the plan under which the plan is maintained and (B) not adverse to the interest of participants and beneficiaries.</content></paragraph> <paragraph class="indent0 fontsize10"><num value="3">(3)</num> <content>This part shall take effect on the date of enactment of this Act with respect to a plan which terminates after June 30, 1974, and before January 1, 1975, and to which at the time of termination section 4021 applies.<sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 1014.</p></sidenote></content></paragraph></subsection> <page identifier="/us/stat/88/890">88 <inline class="smallCaps">Stat.</inline> 890</page> <subsection class="indent0 fontsize10"><num value="c">(c)</num> <chapeau>Section 406 and 407 (a) (relating to prohibited transactions) shall not apply—</chapeau> <paragraph class="indentUp1 fontsize10"><num value="1">(1)</num> <content>until June 30, 1984, to a loan of money or other extension of credit between a plan and a party in interest under a binding contract in effect on July 1, 1974 (or pursuant to renewals of such a contract), if such loan or other extension of credit remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be, and if the execution of the contract, the making of the loan, or the extension of credit was not, at the time of such execution, making, or extension, a prohibited transaction (within the meaning of section 503(b) of the Internal Revenue Code of 1954 or the corresponding provisions of prior <sidenote><p class="indent0 firstIndent1 fontsize8"><ref href="/us/usc/t26/s503">26 USC 503.</ref></p></sidenote> law);</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="2">(2)</num> <content>until June 30, 1984, to a lease or joint use of property involving the plan and a party in interest pursuant to a binding contract in effect on July 1, 1974 (or pursuant to renewals of such a contract), if such lease or joint use remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be and if the execution of the contract was not, at the time of such execution, a prohibited transaction (within the meaning of section 503(b) of the Internal Revenue Code of 1954) or the corresponding provisions of prior law;</content></paragraph> <paragraph class="indentUp1 fontsize10"><num value="3">(3)</num> <chapeau>until June 30, 1984, to the sale, exchange, or other disposition of property described in paragraph (2) between a plan and a party in interest if—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>in the case of a sale, exchange, or other disposition of the property by the plan to the party in interest, the plan receives an amount which is not less than the fair market value of the property at the time of such disposition; and</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>in the case of the acquisition of the property by the plan, the plan pays an amount which is not in excess of the fair market value of the property at the time of such acquisition;</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="4">(4)</num> <chapeau>Until June 30, 1977, to the provision of services, to which paragraphs (1), (2), and (3) do not apply between a plan and a party in interest—</chapeau> <subparagraph class="indentUp1 fontsize10"><num value="A">(A)</num> <content>under a binding contract in effect on July 1, 1974 (or pursuant to renewals of such contract), or</content></subparagraph> <subparagraph class="indentUp1 fontsize10"><num value="B">(B)</num> <content>if the party in interest ordinarily and customarily furnished such services on June 30, 1974, if such provision of services remains at least as favorable to the plan as an arm’s-length transaction with an unrelated party would be and if such provision of services was not, at the time of such provision, a prohibited transaction (within the meaning of section 503(b) of the Internal Revenue Code of 1954) or the corresponding provisions of prior law; or</content></subparagraph></paragraph> <paragraph class="indentUp1 fontsize10"><num value="5">(5)</num> <content>the sale, exchange, or other disposition of property which is owned by a plan on June 30, 1974, and all times thereafter, to a party in interest, if such plan is required to dispose of such property in order to comply with the provisions of section 407(a) (relating to the prohibition against holding excess employer securities and employer real property), and if the plan receives not less than adequate consideration.</content></paragraph></subsection> <subsection class="indent0 fontsize10"><num value="d">(d)</num> <content>Any election, or failure to elect, by a disqualified person under section 2003(c)(1)(B) of this Act shall be treated for purposes of <sidenote><p class="indent0 firstIndent1 fontsize8"><i>Post,</i> p. 971.</p></sidenote> this part (but not for purposes of section 514) as an act or omission occurring before the effective date of this part.</content></subsection> </section> </part> <page identifier="/us/stat/88/891">88 <inline class="smallCaps">Stat.</inline> 891</page> <part><num value="5"><inline class="smallCaps">Part 5</inline>—</num><heading><inline class="smallCaps">Administration and Enforcement</inline></heading> <section class="firstIndent1 fontsize10"> <heading class="centered"><inline class="